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mAvy 



Volume III 



/<ff^ 



DOCUMENTS 



RELATINO TO THE 



COLONIAL HISTORY 



OF THE 



STATE OF NEW JERSEY 

EDITED BY 

WILLIAM A. WHITEHEAD, 

Corresponding Secretary of the New Jersey Historical Society; Author of 
East Jersey Under the Proprietary Governments; Contributions 
to the Eiffly History of Perth Ainboy and the Surround- 
ing Country; Editor of the Papers of Lewis Mor- 
ris, and of an Analytical Index to the 
Colonial Documents of New 
Jersey, etc., etc. 



VOLUME III. 

ADMINISTRATIONS OF LORDS CORNBURY AND LOVELACE, 
AND OF LIEUTENANT GOVERNOR INQ0LDE8BY. 



1703-1709. 



NEWARK, N. J. : 

DAILY ADYERTISSR PEIKTINO HOUSB. 

1881. 




PREFACE. 



The first two volumes, of this series of Documents, 
contained those connected with the period ante-dating 
the surrender of the government to the Crown in 1703, 
which may be termed the Proprietary Era. In this 
and the succeeding volume, will be found the docu- 
ments connected with the Union Era, or the adminis- 
trations of the Governors to whose charge was com 
mitted both the provinces of New York and New Jer- 
sey; and the succeeding volumes will contain those 
relating to the Provincial Era, or that portion of the 
history of New Jersey covered by the various admin- 
istrations, from that of Lewis Morris, in 1738, to that 
of William Franklin, with which the rule of England 
in New Jersey closed. 



SOURCES 

WHENCE THE DOCUMENTS IN THIS VOLDME WERE OBTAINED. 



Public Record Office, London, England. 

Documents relating to the Colonial History of the State of 

New York. 
Smithes History of New Jersey. 
James Alexander's Papers, in possession of Mrs. John Ruth- 

erfurd. 
Manuscripts of New Jersey Historical Society. 



v: 11 U A 'V A . 

In Volume II, on pages XVIII and XIX of Table of Contents, for 
1700, read 1701. 



C O N T E N T S . 



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PAOB. 

1703 — Sept. 9. — Letter from Lord Combury to the Lords of Trade, 

— informing them of his having entered upon his du- 
ties as Governor of New Jersey 1 

Oct. 15. — Letter from Colonel Quary to the Lords of Trade, 

— ^about New Jersey affairs .*_ 2 

Nov. 10. — Speech of Lord Combur>' to the General Assembly 

of New Jersey, — and answer thereto 8 

Dec. 18. — Letter from Lord Combury to the Lords of Trade, 

— about New Jersey Assembly 12 

20. — Communication from Col. Robert Quary to the 

Lords of Trade, — about New Jersey affairs 13 

" — . — Communication from Peter Sonmans to the Earl 

of Nottingham — about the appointment of Jeremiah 

Basse as Secretary of New Jersey 28 

** — . — A True Representation of the case of Jeremiah 

Basse 26 

1704 — Jan. 14. — Letter from Lord Combury to the Lords of Trade, 

— about New Jersey affairs 28 

*• *• — . — Objections of the Proprietors of New Jersey to Two 

of the Council 36 

Feb. — . — Answers to the foregoing objections 39 

April 30. — Memorial from Mr. Paul Doeminique and other 
Proprietors of New Jersey, to the I^ords of Trade, 

— relating to New Jersey affairs 50 

** May 30. — Letter from Colonel Robert Quary to the Lords of 

Trade 52 

'* June 14. — Ijctter from Lord Combury to the Jjords of 

Trade 54 

'• 29.— Circular Letter of the Lords of Trade to the Gov- 
emors of Plantations,— relative to information con- 
veyed through French vessels 69 



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VUl CONTENTS. 

PAGE. 

1704 — .Tilly 6. — An order of Coancil referring to the Lords of 

Trade a Petition from Peter Sonmans and William 

Dockwra, about the title to Staten Island 61 

'* " 13. — Ck)mmissioners for New York, New Jersey and 

Connecticut 64 

Nov. 4. — Letter from Lord Combury to the Lords of Trade, 

— about New Jersey affairs 66 

12. — Letter from Lieutenant Governor Ingoldesby, to 

Lord Combury 67 

15. — Letter from liord Combury to Lieutenant Gov- 
ernor Ingoldesby, — ^in answer to the foregoing 68 

1706 — Feb. 19.— Letter from Lord Combury to the Lords of Trade, 

— about New Jersey affairs 

— . — Petitions of the West Jersey Proprietors to the 

Lords of Trade, — relating to Lord Combury *s pro- 
ceedings 81 

April — . — Memorial of Daniel Cox, Jr., William Dockwra, 
and Peter Sonmans, to the liords of Trade, adverse 

to the Quakers 82 

17. — Petition of the West Jersey Proprietors to the 
Lords of Trade,-- complaining of Lord Combury's 
proceedings, and asking for the restoration of Lewis 

Morris to the Council 85 

** ** 20. — Additional Instmction to Lord Combury 96 

** •* 20. — Letter from the Lords of Trade to Lord Combury. 99 
May 8. — Memorial of William Dockwra, Secretary and 
Register of East Jersey, to the Lords of Trade, — pro- 
posing Peter Sonmans to be one of the Council of 

New Jersey 101 

July 8. — ^Letter from Lord Combury to the Lords of Trade, 

— about New Jersey affairs 108 

July 16. — Letter from Lord Combury to Mr. Secretary 

Hedges, — about New Jersey 106 

Oct. 19. — Letter from Attorney General Northey to the Lords 
of Trade, — as to the rights of the Proprietors of New 

Jersey to Fines, Escheats, etc 108 

Nov. 10. — Lieutenant Governor Ingoldesby to the Lords of 
Trade, — complaining of Lord Combury's treatment of 

him 109 

•• •• 22.^Lord Combury to Mr. Secretary Hedge6,--on New 

Jersey affairs 112 

* ' 21. — Lords of Trade to the Queen, — ^proposing gentlemen 

for the Council of New Jersey 116 

•* *• 14. — Observations of the Lords of Trade— on the Mem- 
orial of the West Jersey Proprietors, complaining of 
Lord Combury's proceedings 117 



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^OKTEIfTS. 

1705 — Nov. 87.— Prom Lord Combury to the Lords of Trade,— rela- 

lative to his new instructions 

1706^— Feb. — . — Circular Letter from the Lords of Trade, — relative 

to the appointment of John Bridges as Surveyor 
General of Her Majesty's Woods 

4. — The Lords of Trade to Lord Combury, — on New 

Jersey affairs 

Feb. 14. — Communication from the Proprietors of East 
Jersey to the Lords of Trade, —asking for the appoint- 
ment of Peter Sonmans, to be one of the Council of 

New Jersey 

14. — Answer of William Sloper, agent of Lord Com- 
bury to sundry complaints of the West Jersey Pro- 
prietors 

April 5. — Letter from William Popple, Secretary to the Lords 
of Trade, to William Sloper, — about Lord Combury's 

salary 

11. — Order in Council, revoking Col. Ingoldesby's Com- 
mission as Lieutenant Governor of New York, and ap- 
pointing him one of the Council of New Jersey 

** ** 24. — Revocation of Kichard Ligoldesby's Commission as 

Lieutenant Governor of New York 

May 1. — Letter from the Lords of Trade to Governor Com- 
bury 

16. — ^Letter from Governor Combury to the inhabitants 

of Bergen, — asking for trees to construct stockades. . 

July 16 — Affidavit of George Ingoldesby, — relating to sundry 

proceedings of Jjord Combury 

Sept. 7. — Letter from Lord Combury to the Lords of Trade, 

— about proceedings in New Jersey : 

Nov. 14.— Summons from Lord Combury to the Council of 

West Jersey " 

18. — ^Letter from Lord Combury to the Lords of Trade, 

— about New Jersey affairs 

— . — Petition from Proprietors and Purchasers of West 

Jersey to Lord Combury : 

1707 April 9.— Speech of Lord Combury to the Assembly of New 

Jersey 1 

May 8. — An additional instmction to Lord Combury, as to 
the administration of the Grovemment, in case of 

his death or absence 1 

6. — Petition of the General Assembly of New Jersey to 
the Queen, — relating to the difficulties attending 

Lord Combury's Government 

5. — 12. Remonstrance of the Assembly of New Jersey 



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X CONTENTS. 

PAOK. 

against certain evils to which the Province was sub- 
jected and the answer of Lord Combiiry thereto 178 

1707 — April 29. — Affidavits and depositions in support of the fore- 

to May G. going remonstrance 198 

May 30. — The Answer of the West Jersey Proprietors to cer- 
tain questionsof Lord Combury 220 

June 7. — Ijetter from Lord Combury to the Lords of Trade, 

— relating to the affairs of New Jersey 224 

28.— Letter from Col. Robert Quary to the Lords of 

Trade, — about New Jersey affairs 234 

** July 30. — Address of the Governor and Council of New Jer- 
sey to the Queen, — congratulating her on the success 

of her arms 239 

** Oct. 23. — Communication from the Lords of Trade to the 
Earl of Sunderland, with a draft of an instruction, 
relating to the attendance of members of the several 

Councils 241 

24. — Address of the Assembly of New Jersey to Lord 
Combury, — replying to his answer to their remon- 
strance of May 5 242 

Nov. 29. — Letter from Lord ('ombury to the Lords of Trade, 

— on New Jersey affairs 267 

1708 — Jan. 14. — Letter from Colonel Robert (juary to the Lords of 

Trade 271 

Feb. 9. — Letter from Lewis Morris to the Secretary of State, 
— transmitting various documents explanatory of .the 

difficulties in New 'Jersey 274 

10. — Letter from Lord Combury to the Lords of Trade, 
— forwarding an address from the Lieutenant Governor 
and Council of New Jersey to the Queen, objecting to 

the Proceedings ot the Assembly 285 

— . — The address accompanying the foregoing letter..- 286 
April 19. — Communication from the Lords of Trade to the 
Secretary of State, with draft of a Commission to 

Lord Lovelace to be Governor of New Jersey 298 

May 5-12. — Minutes of the Assembly of New Jersey 291 

12. — Nominations for the Council of New Jersey 299 

19. — Objections by some of the Proprietors to the con- 
tinuance in office of several members of the Council 

of New Jersey 300 

26. — Letter from William Penn to William Popple, 
Secretary, — respecting Messrs. Re veil and Leeds of 

the Council of New Jersey 303 

* • " 27. — Memorial of John Keble to the Lords of Trade, — re- 
lating to the manufacture of pot-ashes in New Jersey 304 



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CONTENT^: Xi 

PAOX 

1 708 — May — . — Memorial of Peter Sonmans tx) Qtovemor Combury, 

against John Harrison, Judge of the Court of (Am- 
nion Pleas 806 

** 31. — Representation of the Lords of Trade, on Lord 

Lovelace's instructions. 809 

'* June 4-9. — Memorial from Joseph Ormston, — against continu- 
ance of Peter Sonmans in the Council of New Jersey, 810 
•* *• 27. — Instructions to Lord Lovelace, as Governor of New 

Jersey 316 

*' June 28. — Communication from the Lords of Trade to Lord 

Lovelace, Grovemorof New Jersey 323 

** " . 29. — ^Letter from the Earl of Sunderland to the Lords of 
Trade, — relating to the desire of the New Jersey Com- 
pany that Mr. Morris may be of the Council of that 

province - 328 

July 1.— Letter from the Lords of Trade to the Earl of 

Sunderland, in answer to the foregoing 328 

1. — Report from the Commissioners of the Customs to 
the Lord Treasurer, on the Memorial of John Eeble. 329 

*• — . — Complaint of John Barclay, at the non-recognition 

of his Commission as Receiver General of Quit-rents. 331 
** *• 1. — Letter from Lord Combury to the Lords of Trade, 

— about emigration from New York into New Jersey 333 
1. — Letter from Lord Combury to the Lords of Trade, 

— about New Jersey affairs 334 

1 — Nominations for the Council of New Jersey, from 

Lord Combury 340 

7. — ^Letter from William Lowndes, Secretary of the 
Commissioners ot Customs, to Secretary Popple, of 
the Lords of Trade, — ^relating to the Petition of John 
Eeble, about the manufacture of Pot-ashes in New 

Jersey 341 

7. — Proposals of John Keble for manufacturing Pot- 
ashes in New Jersey 344 

" ** 15. — Letter from Secretary Popple to Secretary Lowndes, 
in answer to his of the 1st, relating to the petition of 

John Keble 347 

** Aug. 18. — Order of Council restoring Lewis Morris to the 

Council of New Jersey 349 

Dec. 28. — Account of Her Majesty's Revenues and Fines, 

from December, 1704, to December, 1708 350 

1709 — Feb. 8. — Report of Mr. P. Fauconnier, on Papers retained by 

liord Combury 357 

'* Mar. 4.— Letter from Lord Lovelace, Govemor of New 

Jersey, to the Lords of Trade 359 



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PAOK. 



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1709 — Mar. ) — Documents relating to the proceedings of the Goun- 

and April, f cil and Assembly of New Jersey 860 

" Mar. — . — ^Address of Lewis Morris to Governor Lovelace, 

with a Poetical addenda 380 

" " 81. — Address from the Assembly of New Jersey to the 
Qneen,— referring to the Address of the Council, com- 
plaining of the Assembly 885 

April 2.— Memorial from Peter Fauconnier, Collector and 
Receiver General of New Jersey, to Lord Combury, 
— ^recommending the adjustment of the line between 

New York and New Jersey 888 

" — .—Address of Lieutenant Governor and CouncU of 
New Jersey to Lord Lovelace, — ^relating to the Pro- 
ceedings of the Assembly 890 

April 14. — Communication from Peter Sonmans to Lord 
to June 14. Lovelace — ^in answer to an address from the Assembly 

of New Jersey, with accompanying documents 416 

•• ** 16. — Letter from Lieutenant Governor Ingoldesby to the 

Lords of Trade, — about New Jersey afibirs 460 

•* •* 28. — Letter from Colonel Nicholson and Colonel Vetch, 
to the Lords of Trade, — about the course of the 

Quakers in New Jersey and Pennsylvania 464 

July 2. — Letter from Mr. Thomas Cockerill to Secretary 
Popple, — referring to the death of Lord Lovelace, and 

preparations for a Canada Expedition 466 

5. — Letter from Lieutenant Governor Ingoldesby to the 
Lords of Trade, — relating to the proceedings of the 

Assembly of New Jersey 467 

Sept. 2. — Representation of the Lords of Trade to the Queen, 
— ^referring to Richard Ingoldesby's Commission, as 

Lieutenant (Governor of New York 461) 

Oct. — . — Representation from the Lieutenant Governor an 1 
Council of New Jersey to the Queen, — relating to the 

proceedings of the Quakers in chat province 470 

18. — Representation of the Lords of Trade to the Queen, 
— relative to an act passed in 1704, for regulating Ne- 
gro, Indian and Mulatto slaves in New Jersey, 478 

** ** 20.— Revocation of the Commission of Richard Ingoldes- 
by, as Lieutenant Governor of New Jersey 474 

** 81. — Memorial from William Dockwra to the Lonls of 
Trade, — ^with several papers relating to the public 

affairs of New Jersey 475 

— . — I>ocuments referring to the irregular procetMlings 
of Lewis Morris, George Willocks and others, trans- 
mitted to the Lords of Trade with foregoing letter. . . 476 



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CONTENTS. xm 

PAOB. 

1709 — Nov. 26. — Memorial from several Proprietors of New Jersey 

to the Lords of Trade, — asking for a change in the 

Council of the Province 497 

** Dec. 23. — Communication from the Lords of Trade to the 
Queen,— asking for the restoration of Lewis Morris to 

the Council of New Jersey 499 

— . — Letter from Thomas Oordon to the Secretary of 
State, — asking for a restoration to the oi&oe of Chief 

Justice 500 

Index 508 



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NEW JERSEY 



COLONIAL DOCUMENTS. 



Letter from Lord Combury to the Lords of Trade, 
informing them of his haviny entered upon his 
duties as Governor of New Jersey, 

I From l\ R. O. B. T. New Jem'y. Vol. 1 A. \\\ 

Lre from the Lord Cornbury to y^ Board. 

New York, 7'"' the !♦"' i7o:5. 
My Lords 

Having left New York in Order to goe into New 
Jersey on the lo^'' of August, I arrived at Amboy on 
the ii, and that day published my Commissions for 
the Government of that Province, having been met by 
severall of the Gentlemen of the Councill, and some of 
the Proprietors, the next day I proceeded to BurUng- 
ton, where I arrived on the i:^*'' afternoon, it being 
l)etween fiftv and sixtv miles from Perth Ambov, I 
immediately pubHshed my Commission there, and 
would have had a Council that night, but some of the 
Gentlemen of the Comicill were ill with riding, it being 
a very hot day, but the next moniing I called a Coun- 
cill where* there appeared ten of the thirteen, of which 
the Councill was to be composed, in i)ursuance of her 
Majesty's Instructions to me; M' Hunlock, and nr 
Leonard, b(»ing dead before I leceived her Majesty's 
Commissi(m, and Instructions, for that Government, 
and m' Andrew Bowne was not able to travell soe fair, 
after I had taken the oaths and subscribed the Test, 



2 LOKD corxbury's administratiox. [1703 

and abiuration, I administered the same to as many of 
the Gentlemen of the Councill as were willing to take 
them, that is M' Morris, M' Revell, M' Pinhome, M' 
Walker, M' Leeds, M' Sandford, and Collonell Quary, 
but M"^ Jennings, M^ Davenport, and M' Deacon being 
Quakers said they could not take an oath, and claimed 
the benefit of the Act of ParUament passed in the 7*** 
& 8^** of King WilUam, this begot some debate among 
the other Gentlemen of the Councill, one of them say- 
ing that he was of opinion that the Act above men- 
tioned was not intended by the Parliament of England 
to ease Quakers any further then only in Cases where 
they were to be witnessed in Courts of Judicature, 
where their declaration was to be sufficient but he said 
he did not beheve it was ever intended, they should be 
by that Act intituled to hold any imployment in Gov- 
ernment, he farther said that the Act by which the 
abiuration oath was enacted had noe exception in it, 
and that that Act having been passed long after the 
Act by which the Quakers were eased, and noe excep- 
tion for them in it, he thought they ought to take that 
oath, the Quakers insisted not only upon the Act of 
the 7"' & 8^** of the late King, but likewise said, that 
they knew I had instructions to admit them into any 
Offices or employments which they should be found 
capable of, (by this I found that the Information I had 
formerly had was true that is, that m' Morris had 
brought a copy [of] my Instructions with him into the 
Province when he came from England,) I looked into 
my Instructions and found that in the 49**' paragraph 
I am commanded to adminster, or cause to be adniin- 
istred the Oaths therein mentioned to the membei-s, 
and Officers, of Councill, and Assembly, and to all 
Judges Justices, and all other persons that hold any 
Office or place of tinist or profit in the said Province, 
and without which I am not to admit any person 
whatsoever into any publick Office ; this I thought was 
very plain against the Quakers, but they desiring me 



1703] LORD ook:n^bury's administration. 3 

to look further, I found in the 52^ [53**?] paragraph 
these words [And whereas we have been farther in- 
formed that in the first settlement of the Oovemment of 
our said Province it niay soe happen that the number 
of Inhabitants fully qualified to serve in Our Councill, 
in the Oenerall Assembly, and in other places of trust 
or profit there, will be but small; It is therefot^ Our 
Will and Pleasure that such of the said people called 
Quakers as shall be found capable of any of these 
places or Employments, and accordingly be elected or 
apoinfed to serve therein, may upon their taking and 
signing the Declaration of tlieir Allegiance to us in the 
form used by the same people here in England, together 
ivith a solemn Declaration for the true discharge of 
their respective trusts, be admitted by you into any of 
the said places or Employments,^ whereupon I told the 
Gentlemen of the Councill, that I thought it very plain 
by that paragraph in my Instructions, that it was the 
Queen's pleasure they should be admitted to sit and 
Vote in Conncill signing the Declaration required 
which they did, and were admitted, they Ukewisu 
signed the abiuration in a roll by themselves only 
altering the word (swear) to the word (declare,) thus 
that matter stands now, but I intreat your Lordships 
directions what I must doe for the future; I must 
needs say, that whoever it is that has informed her 
Majesty and your Lordships, that the number of In- 
habitants fit to serve the Queen, would be but small, 
without admitting the Quakers, either did not know 
the Country, or else were not willing to own the tinith 
» they did know, for it will appear by the accounts I 
hope to send your Lordships shortly of the number of 
th(^ Inhabitants of that Province, that the Quakoi-s are 
much less in number, than those that are not Quakei-s, 
however that they might not say, or think, that I had 
any prejudice to them as Quakei-s, I have put severall 
of them into the Conmiission of the peace, if they 
approve themselves good subiects to the Qji^ew^Wv'aN^ 



4 LOUD COKNBLKY's ADMIMSTKATIOX. [1703 

iioe Juore to i-equire of them, I heai* since I came from 
theme that they doe not like the setling the Mihtia, 
which I have begun and hope to pei-fect in a short 
time, I mean the Quakei's who would have noe MiUtia 
at all, but the rest of the people are very well pleased 
that they are like to be put into a condition to defend 
themselves, which they have not been yet; At Bur- 
lington the lirst thing we proceeded upon, was to settle 
some Courts, and in order to it, I asked the Gentlemen 
of the Councill what Courts they had had under theii' 
Proprietary Government, they said that their Courts 
were never very regularly setled, but such as they were, 
it was under this Regulation, firet they had a Court for 
determining all Causes under forty shillings, and that 
was by any one Justice, and if either of the partys did 
not like the Judgment of that Justice, he was at 
liberty to have a tryall by a Juiy, paying the chai-ges 
of the fti'st suit, which I think was to render the bene- 
fitt intended by the settling those Courts ineifectual; 
the next Court they had was a quarterly Court, where 
the Justices of the Peace detemiined all Causes under 
ten pounds, then they had a Court which they called 
the Court of Common Right, where all Causes both 
Criminall and Civill wei'e heard and detennined, and 
to this Com-t there lay an appeal from the quarterly 
Courts, this Court of comon Right consisted of the 
(xovemor and Councill, and if any man thought him- 
self aggrieved by the sentence of the Court of com'on 
Right then he might appeal to the Gouvenior in Coun- 
cill, which was appealing from, to, the same pei-sons, 
this being the account they gave me, 1 told tlu^m 1 
thought a Com-t for determining all Causes under forty 
shillings might be very usefull, but I thought it ought 
not to be in the power of one Justice of peace al(.»ne, 
but rather thi*ee and that the Judgment ought to be 
definitive, this they approved of and soe it is setled till 
the Assembly meets, when 1 will use my best en- 
deavoui^s to i>i*evail with them to settle it by an Act, 



U03J LORD CORNBrRy*S ADMIXISTRATIOX. 5 

then I told them I thought the Courts which sate 
quarterly in the Province of New York were more 
regular then theirs, for there the quarterly Courts are 
held in each County by a Judge of the Comon pleas 
and four Justices assistants, whereof three make a 
Quorum and the Judge of the Common Pleas or the 
first Assistant Justice always to be one, this they like- 
wise approved of, and those Courts are soe settled by 
an Ordinance of the Grouvemor and Councill, till your 
Lordships shall be pleased to direct otherwise; I have 
appointed Sheriffs and Justices of the Peace through- 
out the whole Province; and as I desired the Gentle- 
men of the Councill to give me the names of such 
persons as they thought proper, to be put into the 
Commissions of the peace, and Militia, soe I 
indavoured to choose out such among them, as by the 
best information I could get, were the most likely men 
to join with me in endeavouring to reconcile the differ- 
ences that, have caused so much disorder in that 
Province, and which I am afraid will not be presently 
brought to passe, however I doe assure youi* Lordships 
nothing shall be wanting in my endeavoui'S to perfect 
that work, I have already recommended that matter 
to the Councill, and shall likewise doe soe to the Gen- 
ei'all Assembly as soon as they meet, which will be the 
(»^^ day of 9'*" at Perth Amboy; I must acquaint you 
that when first I acquainted the Councill that the 
Queen had by her Instructions commanded me to call 
a General Assembly with all convenient speed, they 
wei'e extreamly pleased with it. but there arose some 
debate about the method of Isuing the Writts, because 
some of them said the Writts ought to Isue under the 
great seale of the Province, and there being noe gi'eat 
seale yet come, that could not be, some were of opinion 
the Proprietors seale of West Jersey should be made 
use of, others wen^ for that of East Jersey, at last it 
was resolved that I should Issue the Writts for this 
time under my own seale, reciting the Power the 



6 LORD OORNBURY\s ADMINISTRATION. [1703 

Queen has been pleased to grant to me under the great 
seale of England for the Government of the Province, 
and for the caUing and holding of Assemblys, this was 
the only expedient could be thought of to have an 
Assembly, which they were not willing to stay for till 
the seale should come, I hope I have not done amisse 
in this matter, it was not of my own head alone I did 
it, and it was intended for the service of the Queen and 
Country. I have quite setled the Militia of the West- 
em Division, and I have begun to settle that of the 
Eastern Division likewise; thus I have given yoiu* 
Lordshipps a faithful account of the present condition 
of Nova CaBsarea, or New Jei-sey, only I must add that 
there is noe fortification in all the Province, noe stores 
nor ammunition nor noe publick store house, nor soe 
much as a house for a Governor to reside in ; I hope 
the Assembly wiU provide for that; as soon as any- 
thing occurs relating to that Province I will acquaint 
your Lordshipps with it, in the meantime I entreat 
you to believe that I will at all times observe all such 
orders and directions as you shall think fit to send, I am 

Just as I was going to My Lords 
seale up this letter, I am Your Lordshipps 

infonned the people in New most faithfuU humble 
Jersey are much disturbed servant 
at the limitation prescribed 
in the qualifications of per- 
sons fit to choose and be 
chosen for the Assembly, 
and indeed it will happen 
that some very good men 
will not be chosen because 
they have not 1000 acres of 
land though perhaps they have six times that valine 
in money; 

L'* of Trade &?. 




1703] LORD CORNBURY^S ADMIXISTRATIOX. 



Letter from Col. Quary to the Lords of Trade about 

New Jersey affairs. 

IFrom P. R. O. B. T. Plantations General, Vol. 7, old 5. new F. 87.] 

Letter from Col: Quarry to the Board; Reed the 

9 Decemb'' 1703. 

Right Hon'P* 

(Extracts relating to New Jersey.) 
I am obliged to hasten away from hence much 
sooner than I would, purposely to attend my Lord 
Combury at Amboy in East Jersey, where y® first 
Assembly for y^ Govemm* meets about y** latter end of 
this month: I will be just to y? promise I made his 
Excellcy being very sensible y^ his Lordsp is but very 
indifferently yoked w^.** a Council for y^ Governm* I 
purpose to retimi hither again early in y® Spring, and 
then shall have an opportunity of writing to your 
Lordsps by y? fleet; which is all y' I will presume to 
say further to your Lordsps at present, but beg leave 
to subscribe myself what I will ever study to be. 

Right Hon^!^ 
Yo*: Lordsps most faithfull & obed^ sei-v^ 

RobT Quary' 



I do most humbly beg your Lordsps favour in 
recomending me to y® Hon^^® y? Comiss"^* of her Majties 
Customs, and to y? R^ Honb'.® the Lord High'Treasurr 
y^ I may succeed M"^ Randolph as Survey' Gen" of 
North America, the duty of which place 1 have dis- 
chai'ged ever since 1 returned last to America, by virtue 
of a povrei* from y.'' Hon^'° y? Commiss'.'* 'tho I have not 



' For n(»tice of Colonel Quary sf*e Vol. II., p. -JHO.- Ed. 



8 LOUD corxiuky's admixistration. [II'OS 

had y* sallery belonging to it, which will be a comfort- 
able subsistence, and enable me y? better to discharge 
yr duty of your Lordsps Comissary in all these Ameri- 
can Goverm*^ which I will always endeavour to do 
with all y* faithfullness imaginable. 

I have here sent your Lordsps y? minutes of her 
Majesties Council for y5 Jerseys. 
Virgf Octobr v? W" 1708. 

Right Hon^l^ 
Yo*^ Lords'ps most obed^ humble sei-vant 

RoBi Quart. 
I humbly request y' your Lords'ps will please to 
order me a supply of Paper Pens Ink wax &9 I am 
often distrest for want of them in these parts. 



Speech of Lord Combury to the General Assembly of 

New Jersey^ Not^emher 10, 1703. 

I As printed in Smith's History- of X«»w .lerHey. p. *J7T.| 

Gentlemen 

The proprietors of East and West New- Jersey, having 
upon very mature consideration, thought fit to sur- 
render to her most sacred majesty the great queen of 
England, my mistress, all the powers of government 
which they supposed were vested in them ; the queen 
has been pleased to unite these formerly two provinces 
now into one, under the name ot Nova-Caesaria or New 
Jersey; her majesty has been pleased graciously to 
honour me with the trust of this government, and has 
commanded me to assure you of her protection upon 



1703] LORD rORNBURYV ADMINISTRATION. 

all occasions; and you may assure youi-selves, that 
under her auspicious reign, you will enjoy all the 
liberty, happiness and satisfaction, that good subjects 
can wish for; under a most gracious queen, and the 
best laws in the universe, I mean the laws of England, 
which all the world would be glad to partake of, and 
none are so happy to enjoy, but those whose propitious 
stars have placed under the most happily constituted 
monarchy : I will not question, but that you on your 
parts, will do all that can be expected from faithful 
subjects, both for the satisfaction of the queen, the 
good and safety of your country; which must be 
attended with general satisfaction to all people. 

In order to attain these good ends, I must earnestly 
recommend it both to you, gentlemen of her majesty's 
council, and you gentlemen of the assembly, to apply 
yoiUTselves heartily and seriously to the reconciling the 
unhappy differences which have happened in this 
province; that as the queen has united the two 
provinces, so the minds of all the people may be firmly 
united in the service of the queen, and good of the 
country; which are all one, and cannot l>e separated 
without danger of destroying both. 

Grentlemen, you are now met in general assembly, 
on purpose to prepare such bills to be passed into laws, 
to be transmitted into England for her majesty's 
approbation, as may best conduce to the settling of 
this province upon a lasting foundation of .happiness 
and quiet, only I must recommend it to yon, that the 
bills you shall think fit to offer, may not be repugnant 
to the laws of England, but as nnich as may be, 
agreeable to them. 

1 must recommend to you, gentlemtni, in the word- 
ing of your Bills, to observe the stile of enacting by the 
governor, council and assembly, and likewise, that 
each different matter mav b(^ enacted bv a diffei'ent 
law, to avoid confusion. 



10 LORD CORNBUBY'S ADMINISTRATION. [1703 

In all laws whereby you shall think fit to grant 
money, or to impose any fines or penalties, express 
mention may be made, that the same is granted or 
reserved unto her majesty, her heirs or successors, for 
the pubUck use of this province, and the support of 
the government thereof. 

Gentlemen, I am farther commanded by the queen, 
to recommend it to you, to raise and settle a revenue 
for defraying the necessary charges of the government 
of this province, in order to support the dignity of it. 

I am likewise commanded to recommend to your 
care, the preparing one or more bill or bills whereby 
the right and property of the general proprietors to 
the soil of this province may be confirmed to them, 
according to their respective titles, together with all 
quit rents and all other privileges as are expressed in 
the conveyances made by the duke of York; except 
only the right of government, which remains in the 
queen. 

Now, Gentlemen, I have acquainted you with some 
of those things which the queen is desirous to have 
done: I shall likewise acquaint you, that her majesty 
has been graciously pleased to grant to all her subjects 
in this province, (except papists) Uberty of conscience. 
I must further inform you, that the queen has com- 
manded me not to receive any present from the general 
assembly of this province; and that no person who 
may succeed me in this government, may claim any 
present for the future, I am commanded to take care, 
that her majesty's orders may be entered at large in 
the coimcil books, and the books of the general 
assembly. 

Now, gentlemen, I have no more to offer to you at 
this time, only I recommend to you dispatch m the 
matter before you, and unanimity in your consulta. 
tions, as that which will always best and most effectu- 
ally conduce to the good of the whole. 



1703] LORD cobnbuby's administration. 11 



The Governor's speech being read in the 
house, produced the following address: N. C. D. 

May it please your Excellency, 

I am commanded by this house, to return your 
excellency our hearty thanks for your excellency's 
many kind expressions to them, contained in your 
excellency's speech; and it is our great satisfaction, 
that her majesty has been pleased to constitute your 
excellency our governor. 

We are well assured the proprietors, by their surren- 
der of their rights to the government of this province, 
have put us in circumstances much better than we 
were in under their administration, they not being 
able to protect us from the villainies of wicked men; 
and having an entire dependance on her majesty, that 
she will protect us in the full enjoyillent of our rights, 
liberties and properties, do thank your excellency for 
that assurance you are pleased to give us of it, and 
think our stars have been v#ry propitious in placing 
us under the government and direction of the greatest 
of queens, and the best of laws : And we do entreat 
your excellency to beUeve, that our best endeavoui"S 
shall not be wanting to accompUsh those things which 
shall be for the satisfaction of the queen, the general 
good of our country, and (if possible) to the univei-sal 
satisfaction of all people: With our prayers to the 
God of Heaven, we shall join our utmost endeavours, 
to unite om* unhappy differences: and hope with the 
assistance of your excellency and council it will not be 
impossible to accomplish that blessed work. We shall 
follow the directions given in your excellency's speech, 
with what dispatch the nature of the things require; 
and hope, that all our consultations my conduce to 
the l)est and greatest ends. 



I'l LORD rORKHURY's ADMIXISTRATIOy. [ITOJi 

Memorandum, that all the members of this house 
do agree to the subject matter above written, tho' 
several of them dissent from some of the expressions 
therein contained. 



TMter from Lord Conibnry to the Lords of Trade, 

IFrom N. Y. Col. Doct«.. Vol. 4, p. Krrs.l 

To the Right Hon**^^ the Lord^ CommLss" for 

Trade and Plantations 

My Lords: 

Being just returned from New Jei-sey and finding a 
letter here from Capt" Heme (which ought to have 
cx)me to me a fortnight agoe ) to acquaint me that he 
shall sail in ten days, I take the Uberty to trouble your 
Lord^**" with these few lines to acquaint you that the 
Assembly of New Jersey have sat four weeks and 
some days,' they had prepared some Bills but the sea- 
son has been so severe that I was forced to adjourn 
them till May next, at which time I shall meet them 
at Burlington, I hope they will then prepare such BilLs 
its will be agi-eeable to Her Maj*'*' connnands in my 
instructions which I shall endeavour punctually to 
observe : if this ship stays any little time longer, I 
shall send your Lord'*'''' an account of all our proceed- 
ings in New Jersey which is now preparing. 

^- .*^ -*•- .' •• ••'. -•'- 

«• *• «« •» #• •« 

I am, Mv Lords, &c. 

« 

CORNBURY' 

New Yorke December IS*'' 17o:5 

» F(»r an actH)iint of this seHMion, nee Smith *» NVw Ji*rsey, pp. r»TC-*3Hl.--KD. 



1703] LORD CORXBUKY's ADMINISTRATIOX. 13 



Coniinunication from Coloiuil Robert Quary to the 
Lords of Trade^ about New Jersey affairs. 

[From P. R. O. B. T. New Jersey, Vol. 1 A 17.) 

Abstract of a Lre from Col? Quary to the 
Board, Dated at Amboy in East Jersey, the 
20^ Decemr 1703. [Rec'd 1*5 May 1704] 

A. He sent his last from Virg" by Her Ma^^** ship 
Guernsey, and refers to the same for the State of the 

SevV Grov°*5* on the Maine He has been with the 

Lord Combury ever since the S*"' Novr last. B. The 
Scotch in the Eastern Division bv means of the Scotch 
Govr carry things there with a high hand, and initate 
the People ag^* them. C. A Scotchman made High 

Sherrif He has made a false retmii in favor of that 

imrty. D. The Western Division is Chiefly in the 
Hands of Quakei^ since Colon ell Hamilton joined w*'' 

them. The Quakers insinuate that unless they ai*e 

Chosen the Assembly will burthen them with tithes 
Taxes &^ E. The Countys Petitions ab^ the false re- 
turns made thev were refused to be heard. 

F. This Treatment had like to set the Countrv in a 

Flame the managm^ of this matter committed to 

him He proposes to them the method of accomo- 
dation. G. The Gov' Pennits them to sit. Thev 

begin with a Bill very hui-tfull in all the i>arts of it, as 

Injuring the Queens Right to Land, also depriving 

more than .500 Inhabitants of their Rights; The 

Maj' part of the Assembly are pioprietors The 

(toV laves th(^ Bill aside. H. The Assembly Tack it 

to a Bill for enforcing an old money Bill The Gov^ 

rejects it. I. A (Jreatmany men besides Proprietors 
get Est.ites by Stock Jobbing Land th(»re he de- 



14 LOKD COKNBUBY'S ADMINISTRATION. [1703 

sires this Board to Inquire into the Abuse. K . The 

Assembly have raised nothing for the Queen They 

intended 1400£ for the defraying old Debts due to y"' in 

CoP Hamilton's time There has been no bill past 

but an Act to hinder the purchasing Land from the 

Indians w^^'out the Gov*^? Licence. The Assembly 

adjourned till May Next. L. He says my Lord Com- 
bury will send the several Bills this Conveyance. 



A My last was from Virginia by her Maj^^* Ship the 
Guernsey wherein I gave Your Lordship a true state 
of that Province w^ the severall other Govemm^ on 
the Main to which I refer, I was obUged to hasten 
from thence in order to attend on my Lord Combury 
att the setting of the Assembly in Amboy the 8*^ of 
9^®' where I have continued ever since* 

Before I proceed to give Yr Lordship an Ace? of 
what was done this Sessions, give me leave to lay 
before Y' Lfship y* p'sent Interest of that Province. 

B The Eastern Division hath been a long time in 
the hands of a very few Scotch, the head of w*^)" party 
is now Coll : Morris, the whole Number of them are 
not at most above Twenty & yett they have always 
by the Advantage of a Scotch Govemour carryed it 
with a high hand ag^ the rest of the Inhabitants— 
tho more then a thousand in Number, and y^ greatest 
part of them Menn ' of Substance and Sence : The 
hardships they have received from this smaU number 
of Scotch, have so prejudiced the whole Country ag!^ 
them, that it is Impossible to reconcile it, (It must be 
a work of time) This great prejudice hath been now 
againe improved on the Occasion of the last Election of 
Members to serve in the Present Assembly. 



' For the nameK of the membeni of this Asaemblj. see ProeeedinKS N. J. Hist. 
Soc., Vol v., p. a4.— Ed. 



1703J LORD cobkbuby's administration. 15 

There appeared in y* Field on the Scotch Interest 
but 42 persons (and a great part of them came from 
New York and long Island) who were Qualifyed to 
Vote Whereas on behalfe of the Country there ap- 
peared betwixt three & four hundred men qualifyed & 
had they thought necessary could have brought severall 
Himdred more. 

C. Butt notwithstanding this vast Odds, Yett the 
Scotch having by a false representation to his Excel- 
lency prevailed w^? him to appoint one of their number 
to be made high Sheriflfe' 

He did contrary to all Law, Reason, Justice or Pres- 
ident retume the choice of the 42 Ellct" ag^ the choice 
of more then three hundred men. 

I will not entertaine Y' Lordship with the particulars 
of the carrying on this most unjust Election 

First by delay of time, they thought to tyre out 
the Countiy by detaining them so long in a place 
where there was not any Accom'odation for such Num- 
ber of People at that time of the yeare severall hun- 
dreds of Substantial! housekeepers being f orc'd to lye 
out of doors in that bitter weather, when that would 
not doe, he multiply'd Tricks, upon Tncks, till at last 
barefac'd he made y? returne contraiy to the choice of 
the Countiy. 

D . The State of the Western Division hath all- 
ways been betwixt the Quakers and othei-s, tho the 
Quakei's are the fan* less in number yett they have 
all ways had the Governm*. in their hands especially 
since Coll Hamilton joynVl intirely with them. Their 
gi-eatest number is in Burlington County, but in the 
other three Countys of that Division, they are but very 
Inconsiderable howevi^r by their usuall application & 
diligence with the Advantage of her Maj^^.' Instructions 



' Thomas Gordon of Porth Ainboy. See Wliitchead's History of Perth Amlwiy 
and SurroundJnK Country, p. 64.— Ed 



16 LORD CORXBURY's ADMINISTRATION. [1703 

for y* choice of ten Members to be chosen in each 
Division, Whereas had the Election been in each 
County, they could not have carry'd it but in BurUng- 
ton County only they had Influenc'd abundance of 
the Inhabitants, insinuating that unless they chose 
Quakei-s that Tythes, the MiUtia, & gi-eat Taxes, 
would be estabUshed by the Assembly. 

This had the Effect they expected & the quakers 
wei'e chosen (most of them Proprietoi's). 

E When these two partys mett in Assembly having 
concerted all matters before hand, they soon lett the 
World know what thev aim'd att ; the first week was 
taken up in Petitions ab* the false returns, of V?' the 
house of Assembly was sole Judge at last a day was 
appointed to heare the County by their Comicill, But 
they were obhged to produce but 20 >\'itnesses at the 
time fixed they did appeare, But were tlien told that 
they had heai-d severall witnesses upon ace"* & behalfe 
of M*" Gourdon ( the high Sheriff e ) & wei*e fully satis- 
fyed that he had done his Duty, & therefore was 
resolv'd they would not heare any Witnesses ag' him 
But were satisfyed wV' y^ Returne of Membei-s, w*"?' he 
had made, & so did dischai'ge the Countiy & their 
Councill w*:*'out giving them a hearing 

F This treatm' had like to sett the Country in an 
Uproar had not they been in hoi>es of Reliefe from his 
Excellency's Justice. The ImproviU; and managm* of 
w^.'' was by my L'.* Committed to mee having gained a 
very great Esteeme from them by my api)eai'eing 
warmly on their behalfe. 

T hinted to them, that the most Effectuall way of 
prevailing with my L'' to lay these Quakers & Scotch 
aside; must be by good Assurance to be given that in 
ca.se a new Election should be made that they should 
make such a choice as should Effectually answer all 
the ends of Governm' (w'"'' they promised to doe) And 
that they would give double y* Value that this Assem- 



1703] LORD cornbury's administration. 17 

bly did give & settle it as a Revenue for support of 
Govemm* 

I desired them to make choice of one or two Men in 
each Township & Impower them to discource me upon 
the matter & oblidge themselves to stand by what 
they should promise on their behalf e which accordingly 
they did. 

I gave my Lfi an Ace" from time to time of every 
Stepp I tooke & did nothing without his approbation. 

G However my L*^ having so good an Opportmiity 
of trying both parties, was resolved to see what the 
p'sent Assembly would doe, and Uke a prudent Gov- 
emr encouraged their going on to Buisiness Very well 
knowing that he had it always in his Power to lay 
them aside when ever he found that they did not 
answer the End of Governm* w*'.*' was expected from 
them. 

The fii'st thing they did, or rather was done to their 
hands was a Bill Entitled An Act for secureing the 
Rights & Titles of y! Propriet" and also for secureing 
y! rights and titles of the people. 

I may truly say that there was never more Villany 
& Injustice couched in any one Bill then was in this. 

For in the First place to shew that they would bo 
no Respectours of Persons they were pleased to begin 
with her Maj7 and did by Asserting the bounds of the 
province take from her a great part of the proAince of 
New-Yorke no less than all Stratton Island this they 
give & confimi to the Proprietors & their Heirs for 
ever Notwithstanding the Queen hath been in Actuall 
possession of it above 40 years past without their pre- 
tending & claiming any Title to it at all. 

The Stepp that they took next was to defraude tlie 
Queen of the reserved Rent in the first Detnl from th(» 
Crown w'V' is 2o Nobles & all the Arrears w'.'' is above 
40 years and amounts to above 2To.i' Sterl when they had 
done this Notw*''standing the Proprietors had resigned 



18 LORD COKXBURY's ADMINISTRATION. [1703 

up the Governm): Yett the Assembly were pleased to 
take from her Maj^r & give to themselves all Royalltys 
whosoever under w*^.** generall Terme are concluded 
many parts of Govemm^ And when there was noe 
more Injustice they could doe the Queen they proceed 
then to take from more than 500 Inhabitants at once 
Theire just Rights that they have been possessed of 
for above 30 years past, This is done by taking away 
. from the Persons severaU large tracts of Land w®.*' they 
held by pryor gi'ants then wh* the Proprietoi'S derive 
from my L^ Berkley and Sr George Cartrett For bef oi-e 
the Duke of Yorke conveyed to them he gave a Power 
to one CoU. Nicholls to settle these parts which ac- 
cordingly he did and granted severall Tracts of Land, 
and by his order they pui-chas'd the Indian Rights from 
them 

This Title this Bill destroys att once w^^' out any 
regard to so many People concerned therein by sale 
transferring mortgage. Dowry, and otherwise which 
hath one way or other engaged the Inhabitants of 
the whole Province, and should this Bill pass would 
i-uin & involve them all in Confusion; Beside^s they 
have destroyed even their own Gi^ant to severall. And 
changed their Rent and Tenui-e. 

But that w®?' seems yf most Extravagant in these 
that pretend themselves to be Proprietoi'S that they 
should goe ab* to cheate so many of their own Brethren 
as by this Bill they have done. 

In the first place they have destroyed y? Joynt Ten- 
ancy by which all the Proprietoi-s Joyntly hold. And 
have destroyed that tenm-e without giving their Breth- 
ren leave to be heaiti for themselves. Then they take 
their Property from them & give it to a few of them- 
selves. Who have picked & CuUVl all y!! choice & best 
of the Land thrnout the whole Province all which by 
this Act they take care to Settle & Sec'ure to them- 
selv(»s & theii- heira for ever without l)eing accountable 



1703] LORD cornbury's administratiox. in 

any ways to any of the rest. Who to this day have not 
one acre run out for them, but must take up the 
Barren Land or none w*?* is not worth a Penny whilst 
the rest have from 20 to 50 or 60 Thousand Acres a 
piece of the choicest & best Land worth a vast Sum'e 
of money, a few of the topping Proprietors in 
England are taken care for by these here. Butt the 
major part left to shift for themselves, a Comment on 
this bill would fill a Volume 

I will therefore not trespass further on Y' Lordships 
but will ref err to severall other Relations w^.** will be 
sent on this subject, only am Obhged to Remark to Y' 
Lord^ that the major part of the house of Assembly 
are Proprietors where they sitt & make Acts for them- 
selves, to which they are Partys, And when they ai-e 
past that house, Then the Bills are sent to his Excell? 
and Councill, which do at p'^sent consist of above one 
third of Proprietors. 

I'ts thought very hard by the Countiy that these 
Gentlemen should thus be allowed to be both Judges 
& partys, & fill up the Assembly and Councill too. 

I have often heard of Acts made to mend & strengthen 
defective Titles, but very seldom heard of Acts made 
to Ruin & destroy mens Titles. 

After the first reading of this Bill, It was committed, 
& took up three Weeks of our time, for the moi*e wee 
considered of it, the more & gieater difficulty still 
arose, till at last his Excellency saw an Absolute neces- 
sity of laying it aside. 

H. The Proprietors in the Assembly thought to 
have gained their point by tacking the money Bill to 
it, they would not pari, w"' that Bill out of their house 
till they could see the Issue of their beloved Bill. But 
att last uj) it came, Attended with another Bill to rein- 
force a mony Bill made in Coll Hamilton's time, w*".'' 
sett the Countiy together by the Eai-s & in Arms. 
There was about six or seven hundred pounds unpaid 



20 LORD rORNBUKY'S ADMIXISTRATION. [1703 

of this old Bill ; w*'." they had now againe by a new- 
Act reinforced. The consequence of w*:" would have 
been to put the Country againe in Confusion, the 
Reinforceing this Act Past, by a Grovemm* that was 
not qualif yed according to Law would be constnied as 
a confirmation of what was done contrary to Law, but 
his Excellency knew better things then to give them 
that handle, for after a great Bustle about this old Bill 
new Vampt his Excellency found an easy way to lay 
it aside w^.^'out noise, and then comes on the Stage the 
money Bill so long expected. 

Att the fii*st opening of y' Assembly My Lord ac- 
quainted them with her Majesty's Instructions about 
raiseing a fund by way of Revenue for defrayeing the 
necessary charges of the Governm^ Butt when wee 
came to examine the Nature of this BiU we found that 
they had only taken care for one yeare and that but 
very indiiferently too. 

If they had but gott ftieir own Business done they 
did not care whether the Coimtry did Sink or Swim for 
the future. Beside it was the most unequal Tax that 
ever was lay'd on a Comitry. 

I For May it please Yo"" Lordship there are a gi*eat 
Number of Men in this Province besides the Propriet" 
that have gotten gi-eat Estates by Stock Jobbing Land, 
Whose business is to buy all the good Land in the 
province & parceU it out again to a vast Advantage. 
These men improve noe land. But are Mastei's of all 
the money in the Country. These contribute nothing 
towards the support of Go verm' But all that, lyes on 
the Poore Industrious Fai'mers or Frei^ holder of a 
hundred or Fifty Acres of imjn'oved I^nd (as it's call'd > 
whereas i)erhaps the hearte of this Land is woni out 
& good for nothing but to be tuin'd out for |)astui-e 
Vett He must pay for his l^ands & also for his horse, 
Cow, Sheei), Servants & what other Stock he hath 
When these great Number of Rich men pay nothing. 



1703J LORD OORNBURY^S ADMIXI8THATI0X. 2L 

tho they have more then a hundred times the Estate 
of those that support the charge of Gk)vernm* Severall 
of these men have from ten thousand to sixty thousand 
Acres a man and perhaps more then 20d p. Acre ready 
money. 

This Injustice they Shelter under an Instruction 
Recommended by the Prop'^etors to her Majesty under 
a false Gloss. 

I hope Y^ Lordship will please to make an Enquiry 
into this Abuse w*^." vou will find confirmed bv the 
whole Country. 

K I am obhged to turne againe to the moiiy BiU & 
observe to Y^ Lordship that tho this Assembly of Pro- 
priet" could not afford to give to her Majesty one 
thousand pounds w*''' is not much more than 6()()£ Sterl 
& that but for one Yeai-e Yett they had taken care to 
give themselves 1400£ to defray their own charges and 
reimbui'se themselves, old Debts due in Coll Hamil- 
ton's time all w*"*' was to come into these very men's 
own Purses by all w^^ Y"^ Lordship may guess what 
sort of men his Excellency my Lord Cornbury had to 
deale with, I am sure he knows theni better then they 
know themselves & mannag'd them accordingly, there 
hath no Act past, but a short Act to prevent buying 
Lands from the Indians without a Lycence from the 
Govemm^ the allowing of which is of veiy ill Conse- 
quence & therefore caimot be too much discom-aged, 
But could wish that the Act did not look back above 
twenty years about w"".*' time Laws were made to pre- 
vent that EviU. But the looking back from the very 
first, wiU I fear have an ill Effect, however that single 
Act will I hope have a reveiw of the next sessions My 
L"? hath thought fitt to adjourn the Assembly till May 
next. 

I hope that Adjouriim^ will by my Lords conduct end 
in dissolution w^'' will be the most effectuall means to 
settle this Provinc^e on a just & sure foundation the 



22 LOBD COttKBURY^S ADMIKISTRATION. [1703 

• 

People will thereby enjoy the Benefit of her MajT 
grace & favour in a free Election w''.'* will Engage them 
for ever in her Maj^f Interest and make them chear- 
fully contribute to the support of the Govemm* & 
hazard their Lives for & in Defence of her MajT Right, 
Crown & Dignity especially when they shall find 
themselves fi^eed by his Excellencys good Grovemm^ 
over them, from the Tyramiy of their old Taskmasters 
the truth of w**" I am very well assured will be dem- 
onstrated in a very few months. 

I should not soe positively assert these things to Y' 
Lordship had I not a sure foimdation for what I say 
All w^.** I have fully Laid before his Excellency my L*^ 
Combury. 

I doe most humbly begg Y' Lordship's favour to ob- 
serve one thing more before I conclude, w*l** is, that 
these very Men who have so notoriously shown their 
dishonest & unjust principalis in this their Bill of 
Property ag^ the Queen, Their fellow Proprietors & the 
whole Coimtry, Yett they are pleased to pretend Con- 
science of giving her MajV' her due Titles & therefoi-e 
to avoid it sent up the mony Bill without any pream- 
ble att all to it from the Effects of such men's con- 
sciences I Pray god preserve the Queen her Grovemm- 
and all good men. 

L. I have not yett had time to gett the Copy of the 
severall Bills, but his Excellency promises to send them 
to Y' Lordship this Opportunity & the Secretary hath 
l)romised mee the same Yoiu* Lordshipps Pardon for 
this Trouble is the most, humble Request of 
Right Hon'H»« 

Yof Lordship- Most Obedian.*. & 

Faithf ull ServV 

ROB: QUARY 

Amboy in E^t Jersey this 201^ December 1703 



1704] LORD CORNBURY'S ADMINISTRATION. 23 



Communication from Peter Soumans to the Earl of 
Nottiuyham^ about the appointment of Jeremiah 
Basse as Secretat^ of New Jersey. 

I From P. R. O. America and West Indies, Vol. 575.] 

Reasons humbly Offer'd to The Right Honour- 
able The Earl of Nottingham one of her 
Maj^*** Principall Secretary's of State by 
Peter Sonmans against passing the Bill 
fformerly ordered by her Maj^* whereby the 
Office of Secretary of Nova Caesarea of 
I or? I New Jersey in America is granted to 
Jeremiah Basse. 

Her MajTT was pleased to Sign a Warrant for erect- 
ing and granting the OflBce of Secretary of Nova 
Caesa^ra to y*= said M' Basse on the 10"' of November 
last in Obedience whereunto M' Attorney Generall 
prepared and on the IS**" day Following Subscribed 
y*^ bill for the same. 

The said M' Basse altho' he very well knew the great 
disorders of the said province & y' in order to Suppresse 
y"' & settle a regular form of Govemm* therein the 
Lord Combury's Co'mission constituteing his Lo'pp 
Governour thereof was passed and y^ absolute neces- 
sity there would be of a Secretary to attend the Gov- 
emour for her Maj".** Service, Yett Basse so farr 
Slighted her Maj***^ favour and neglected his own duty 
as not to take any Care to make one Step further 
towards passing his pattent but Absconded Soon after, 
and in the month of Aprill last secretly w**'drew beyond 
Sea, and to prevent his Ci^editors finding him some of 
w*'' had Writts and others Executons against him 
instead of imbarking for new" Jei-sey or new York 



'U LORD rORKBURY's ADHINIBTBATIOX. [1704 

privately ship't himself on a Shipp bound to Virginia 
haveing caused it to be given out, that he had passed 
his pattent by ^v*^*' he prevented any other from 
Endeavouring to Obtaine the said Office 

But besides this gi-eat Neglect of the said Mr. Basse 
by w^'* it's humbly conceived he has flforfeited her 
ilaj*-*"' favour he has by many foul practises and 
indirect ways desei-vedly Obtained so very ill a Charec- 
ter and generall disesteem of all that have been 
acquainted with him (as will be fully made appear if 
your Lordshipp shall please to direct it) that it's hoped 
your L**pp will not think him Worthy of the Honour 
of her Maj"*^ grants. 

The said M' Basse has also by his indiscreet and 
Unhandsome behaviour when last in jT s"* Province so 
disobliged and disgusted many of the Inhabitants 
thereof that his appeareing imder any Comission will 
rather revive & encrease then be a means to help to 
Compose the disorders and confusions therein w^*" were 
chiefly raised in Opposition to Jbis Administracon 

The said M' Basse haveing formerly been Intrusted 
by divers w*** the management of their private Affairs, 
Agent and Attorney for some others in those parts has 
so very ill acquitted himself of those Trusts and gott 
their Money and other Elffects into his hands that 
many and great demands have been made upon him 
for Satisfaction; to protect himself from w*''' he has 
Shifted his Lodgings to and ffro in priviledged places 
and abused the friends of others in America who will 
endeavour to obleidge him to make them repaii-aton by 
sueing him when they find him [in] New Jersey. But 
if he .should be favoured with the grant of this Office 
he will under the Umbrage and Authority thereof be 
enabled to defeat or at least in a gi'eat Measui-e obstinict 
y'" from obtaining that reUfe w''' might Justly be 
othei-wise hoped for much of the Judiciall proceedings 
passing through the Hands of the Seci'etary. 



1704] LORD cornbury's administration. 26 

The said Sonmans being informed of the said Basses 
departure without passing his pattent, and that for 
near a Month after, not any AppUcaton for the same 
made in his behalf presumeing that the said Office 
would continue in Effect Vacant and being greatly 
interested in y*' said province and having resided there 
seu'ral yeares whereby he is weU acquainted w**" the 
Aflfairs thereof hoped he might be Judged capable of 
Serveing her Maj"* in that Station & accordingly made 
his applycaton for the like favour being honoured w^^ 
my Lord of Londons letter of Recommendation to you 
Lordshipp. 

Whereupon after a months mature deUberat'on and 
Examination of the matter not any person appeareing 
for the said M"^ Basse who had been gone near two 
Months your Lordshipp was pleased to give directions 
for drawing a Warrant for the said Sonmans for the 
s"* OflBce w^*" her Maj^'* was gratiously pleased to sign 
y^ 31*'' of May last W* the said Sonmans received the 
first of Jime gott his biU Subscribed by M' SoUicitor 
Grenerall on y* 4*'* imediately brought back to your 
Loixishipps Office and was signed by her Maj**^ the 7^^ 
instant but the dehvery thereof was some days after 
Opposed by one M' Wilcocks [Willocks] on the behalf 
of the said Basse who takeing advantage of y"* s'* Son- 
mans his Absence who was Obhged to be out of Town 
for 10 dayes then appeared after haveing lain still from 
y*' IS^^ of November when M' Attorney generall Sub- 
scribed the biU nor done any thing for M' Basse Since 
Aprill when M' Basse left England. And altho y' s** 
Wilcocks [Willocks] had been Informed of the said 
Sonmans proceedings before his Warrant was j<ranted 
and knew how ffar he was advanced nevertheless he 
then fetcht the said M' Basses bill from M' Attorney 
(xenerall Where it had lay dormant so many months 
and Setts it up in Opposition to the said M' Sonmans. 

Wherefork and in Consideraton of the promises 



it 6 LORD COENBUEY^S ADMINISTRATIOK. [1704 

and for that the said Sonmans hath by no neglect or 
otherwise shghted her Maj"" mostgratious favour but 
on the Contrary hath been always ready to Imploy his 
Interest in that province for her Maj"" Service and 
more perticularly last year; being Instrumentall in 
perswadeing and Influenceing the proprietors of the 
said provinces to surrender their Claime of Govern- 
ment and hath endeavoured to passe his pattent w**" 
the Utmost Expedition that he might be ready to enter 
upon his^ Duty and is ready to produce such Recom- 
mendation as he humbly hopes will be to your Loixi- 
ships intire Satisfaction. 

He the said Sonmans humbly submitts the mattei's 
aforesaid unto your Lordfehipps Consideration Humbly 
beseeching your Lordshipps directions That his Bill 
Signed by her Maj*'*' may be deUvered to him. 

[1704] 



A True Representation of the Case of Jeremiah Basse. 

IFrom P. R O. America and West Indies, Vol. 575.] 

The Case of Jeremiah Basse Esq Humbly Pre- 
sented To the Right Hono^?* Daniel Earle of 
Nottingham, her Ma"^ Principall Secretary 
of State. 

Sheweth 

That the said Jeremiah Basse by Warrant from her 
Maj*'* was Constituted Secretary of New Jersey in 
America, And in hopes of Enjoying the same, hath 
been at great Charge and Expence, in Conveying him- 



1704J LORD cornbury's administration. 27 

self his wife and Children, and aU others his ffamily 
thither, but being under low Circiunstances, made 
application to his ffriends here in England, who 
promised to assist him, and did Agree with him. That 
upon his Departure from England, and Arrivall in 
America, they would Advance so much money as 
would Pass his Patent; And before his Departure, he 
went to one M'' Peter Sonman's who was and is con- 
siderably indebted to him, and told the said Sonman, 
what occasions he had for money, who promised to 
Supply money for his Service, & pay the same to his 
the said Basse's Agent; Whereupon the said Basse Sent 
the Acco* Signed by the said Sonman, to his the said 
Basse's Agent to receive the same of the said Sonman, 
who instead of paying what was justly due, went 
miderhand to Intercept the said Basse of his Place and 
Patent, and is now endeavouiing to obtain the same: 
The said Basse having paid the if ees for his Warr^. 
before his departure, and his ff rinds have since paid 
all the ffees, Excepting the Passing the Privy and 
Great Seale, which they are willing and ready to do; 
but upon their applying to have the same done, ffind a 
Stop put to the same; but hopes for no other reason, 
than his delaying in Passing the same ; he being a I^er- 
son that formerly was Governor of the said Jerseys, 
and since hath been very Instrumentall in bringing 
the same under her Ma^^ Authority and Direction, 
and out of the hands of the Proprietoi's. It is there- 
fore humbly prayd that your LordP will be pleased to 
Grant the Liberty of Passing the said Basse's Patent 
for the Place of Secretary of the Jei-seys, or he and his 
ffamily will be utterly ruined and undone. 



^8 LORD oornbury's administratiox. [1704 



letter from Lord Conibiiry to the Lords of Trade, 

about Netv Jersey Affairs. 

I From P. R. O. B. T. New Jersey, Vol. 1, B. l.J 

IJ from the L"^ Combury to the Board Dated at 
New York 14^ January 170$ 

My Lords 

Hoping that this may still reach her Maiestys Ship 
Centurion before she sails from Boston, I take the 
liberty hereby to acquaint your Lordshipps with what 
has passed in New Jersey, at the meeting of the 
Grenerall Assembly of that Province, which according 
to her Maiestys commands, in her Instructions to me, 
met for the first time at Perth Amboy in the Eastern 
Division of New Jei-sey, and here I must first observe 
with humble submission, that the quaUification pre- 
scribed in the 15th clause of my instructions, for the 
persons who are to Elect, and be Elected, will not be 
advantagious for that Province, and I am perswaded 
the persons that proposed that regulation, did not 
intend the good of the Cotmtry; the effects that have 
attended that way of Electing, {for I did take care 
that the Queen's commands shmUd be obeyed) are these, 
first severail persons very well qualified to serve, could 
not be elected, because they had not a thousand acres 
of Land, though at the same time, they had twice the 
valine of that Land, in money and goods, they being 
trading men, on the other hand some were chosen 
because they have a thousand acres of Land, and at 
the same time have not twenty shillings in money, 
drive noe trade, and can neither read nor write, nay 
they can not answer a question that is asked them, of 
this sort we have two in the Assembly; the next incon- 
veniency that the people complain of in this way of 
electing, is; that there being ten members to be chosen 



k 



1704] LORD cornbury's administratiox. 29 

for each Division, it may soe happen that all the ten 
may be dwellers in one County, and the more likely to 
be soe, because the Election is made but in one County, 
and though the Election has been appointed as near as 
could be in the Center of each Division, yet a very 
great number of people could not come to the election, 
because some had above a hundred miles to travell, 
others were afraid of the charge espetiaDy the roads 
being very bad in most places where any are made; 
Now I humbly conceive that these inconveniencys may 
all be prevented, if her Maiesty will be gratiously 
pleased to alter the QuaUifications of the persons 
chusing, and to be chosen, and the method of chusing, 
I believe it would tend very much to the service of her 
Maiesty and would be a GeneraD satisfaction to the 
Country, indeed to everybody, except some few per- 
sons who have a mind to opresse the people of what I 
doe not doubt but I shall satisfy your Lordshipps 
before I finish this letter. The Assembly met at 
Amboy on the 10^*" day of 8*"'', I then recomended to 
them the setling a Revenue for the support of the 
Government, the setling the Militia, the passing an 
Act to settle and confirm the Estates of all Proprietors 
and Purchasers of Lands in New Jei'sey, accordingly 
they did prepare a Bill under the Title of (An Act foi' 
the setUng and confirming the Estates of all Proprie- 
tors and Purchasers Land within this Province of New 
Jersey, ) how f arr that Bill would have answered the 
title of it; will best appear by the Bill its' self, of which 
I herewith send your Lordshipps a copy, such as it was 
sent by the Assembly, to her Maiesty's Councill, for 
their (concurrence: T shall make some obsei^vations 
upon some of the clauses of the Bill and submit the 
whole to your Lordships. 

I shall begin with that clause of their Bill which 
begins at the l-V^' line of the sixth folio, in which it is 
enacted that this confirmation shall be an efectuall 



30 IX)RI) coknbury's administbation. [It04 

title in the Law for the said Proprietors and pur- 
chasers, their heirs and assigns, to have, hold and 
posesse & enioy, every part of the above recited tract 
of Land &c; as soon as this bill had been read once by 
the Gentlemen of the Councill, severall persons peti- 
tioned to be heard by their Councell against the Bill, 
setting forth that if it passed as it was great numbers 
of people would be devested of their Estates, to which 
they thought they had as good a title as the Proprie- 
toi-s, the first people that came to be heard, were the 
people of Elisabeth towne, who set forth that they 
have a Grant of the Lands they possesse, from 
ColloneD Nichols who was the first Govemour sent 
into these parts by his Royall Highnesse the then 
Duke of York, and that as this clause is worded they 
conceive that they should be devested of those Lands, 
the case as it appears to me stands thus, Collonell 
Nichols coming into these parts found the people of 
New York refractoiy, and not inclinable to submit to 
him, but found the people of Ehsabeth towne ready 
to obey his ordei-s in all things, by which means the 
jK»ople of New York became more ti'actable and did 
submit, Collonell Nichols thought himself obliged to 
doe something for the people of Ehsabeth towne, that 
might be a reward for their fidelity, and upon that 
consideration gi'anted them the Lands they now hold, 
indeed it does appear that his Royall Hignesse the then 
Duke of York did grant unto My Loi'd Berkley and S' 
(T(»orge Carteret all that tract of Land known by the 
name of Nt»w Jei*sey, and the Duke's gi'ant beai's date 
(as uk^eiv iis I remember) a mcmth or six weeks before 
(■ollonell Nichols's grant, upon this the present Pro- 
prietoi's pi'rtend that Nichols's grant is void, and that 
th(^ people of Elisabeth towne shall hold their lands of 
them under the same (juit rents which they have from 
other pei-sons to whom they have sold Lands since, on 
the other hand the iK?ople of Elisabeth towne insist 



1704] LORD cornbury's administration. 31 

that Collbnell Nichols's grant to them is good, because 
(they say) he had pow6r from the Duke to grant, and 
that his grant was made before he could know that the 
Duke had granted, they farther Insisted that if a Grant 
of that nature is set aside, it will not be safe for any 
man to make any improvement upon any Land 
obtained by grant from any Gouvemor in these parts, 
nor to purchase any Lands from any Trustee, Agent, 
or Atomey for any person in England; they say they 
ought to pay their quit rent to the Growne, if the 
Queen is willing to give that to the Proprietors, they 
are willing to pay to them, but insist they ought to 
pay noe more quit rent than was reserved in Nichols's 
patent; the next one the people of Woodbridge who 
say that they had a Charter granted to them by PhiUip 
Carteret, who was the first Gouvemor sent over by My 
Lord Berkley and s' George Carteret, and they say 
that this clause will overthrow that Charter, Indeed I 
have seen the Charter, and doe think that it over- 
throws it's self; 

The next clause Enacts that all and eveiy such parts, 
shares, &c, sm'veyed, taken up &c, to all and every of 
the Proprietors and Purchasers within the said western 
division. Is, and shall, for ever be assured, ratified and 
confirmed unto the respective Proprietors &c; 

The next clause in the 7*'' fol: Enacts that this 
present confirmation is hereby declared, and shall for 
ever hereafter be deemed taken and esteemed as a full, 
sufficient, VaUd, and effectual Title in the Law for the 
sevei-all and respective Proprietors, Purchasers, &c, 
(and afterwaitis enacts that) all other Proprietors Pur- 
chasers &c, &c, who have as yet neglected, or delayed, 
to take up their lespective shares and i)roportioiis, 
shall be and are hereby obliged to take their etjiial pro- 
portions out of the Lands leniaining &c., notwith- 
standing of their or any of them being Joint tennants, 
or tennants in Common, or any other Cause matter or 
thing in the Law whatsoever; 



L«>BI» rORXBlRY's ADMIN'ISTRATIOX. [^704 



Tbr?=*r two last clauses I must observe to your Lord- 
mjTi:*^. ajTp- very uniust in themselves, for they are 



'• rrnriT^i V-th for the same ends, first to confirm the 
:l^:jj^ ^--rae people have had done to others in Enj2^- 
ittiL "J making that good in Law, which is not soe in 
t'* if-jf. and then by a Law, to oblige the people 
'ZLTzr^ V- Jie content with the Iniurys they have 
r^'v^r*L that these would be the consequence of these 
T-«r- vl3:i*e- will appear very plain, if your Lordshipps 
sr* T'irar^ to cousider, that the present Proprietors of 
'■tjt: Wr-=t«^m Division of New Jersey, by the pxux^hase 
fr- rr. my I»rd Berkley, ai'e Tenants in Common, now 
r.-rT^ i- a clause to break that Tennancv in Common 
-^.zh rfrsp*rct to those Gentlemen in England, who have 
7-^* thought fit to come into America themselves, nor 
\o T^nd any Agent to take up their shares, and that 
Trithout their knowledge, the tiiith of the matter is, 
that those Proprietoi-s who ai^e come hither, have 
Vikfrn up all the best of the Land, and that which Ues 
Tfi^riX convenient for Trade, soe that those in England 
irjTisi be content 'if this Bill had passed) to take their 
-har*rs in the mountains. This I did not think at all 
r*<fr/jnable and endeavoui*ed as much as I could, with 
th^>-e [arsons who I thought had the most intei-est 
arnon^ th*- members of the Assembly, and CounciD to 
'y>Tjvince them of the unreasonablenesse of that Bill as 
r. th'-n ^i^Kxl. I trdd them severall of the objections 1 
TiTifi xo it. that they might get them amended befoi-e 
:}j'- Bill r^irn^ to me. but as it wa*^ contrived to answer 
j'nvat-*' "nd- 'ns obftrv meutioued) it was im]K)ssible to 
;:K theijj to dejiart fi-om those clauses. 

Th«- next claus*- /// foh s Enacts, that all shares, 
[jait-. i»rojM»iiions. &c- that have l)een designed, 
»el<-^s*r<l. ^n'ant*-^! &c since the second day of februaiy 
\*>'j, witliin the Eastern Division of New Jei-sey, &c, 
U herebv de^.lared. and shall foi- ever heivafter l)e 
an. deemed, and esteemtnl a good, vahd and 



1704] LORD cornbury's administration. 33 

suflRcient title in the Law, notwithstanding the want 
of Form, or any other matter, cause or thing in the 
Law whatsoever, soe that if one man's estate has been 
conveyed away to another (as I am af mid it has been 
done) why that conveyance was to be confirmed, and 
made vaUd in Law as well as many others, without 
ever producing one, to shew the necessity of such a 
clause. 

The next clause I shall take notice of is the last 
clause in the 9*'' fol: by which it is enacted, that all 
and every perticular tract of Land formerly granted 
by my Lord Berkley and S' George Carteret or by their 
Gouvernors and Councill of New Jei-sey under the 
common seale thereof or by their Agents or Attorneys, 
conform to the Powers, Concessions, and Instnictions 
to them given by the said John Lord Berkley or 8' 
George Carteret or either of them, are heieby ratified, 
assured and confirmed to each and everv of the 
respective Grantees' &c; this clause at first sight seems 
to carry a fair face, but is in i-eality a very ill clause, 
it seems to confirm to the* Grantees their estates, but 
then it is only such as have been granted conform to 
the Powei-s, Concessions and Instructions given by my 
Lord Berkley and S' George Carteret or either of them 
to theii- Gouvernors, and every body here knows that 
those Gouvernoi-s never acquainted the pc^ople what 
their povvei-s were, only published their Commissions, 
so that those persons who purchased from those Gouv- 
ernors ' to be devested of the Lands they 

have honestly j)aid for, and have improved with gi-eat 
expence, labour, and industry, (unlesse they will pui'- 
chase them again from the present Pro])rietors) 
because their Grants or Convevances are not conform 
to the Po\vei*s Commissions and Instructions given by 
my Lord Berkley, and S' George Carter(4, oi- one of 

• Piece torn out of the copy. 



<> 



34 LOUD C0RNBURY*8 ADMINISTRATION. [1704 

them, (which indeed very few of the Grants axe) but 
at the time the Pm*chasers knew nothing at all of 
those Instructions, nor what they contained, if they 
had, it is reasonable to believe thev would have con- 
formed themselves to them, because it is very naturall 
for eveiy man to desire as good a title to the Estate he 
purchases as he can. 

The next clauses I shall take notice of are the last 
clauses in the tenth ^ eleventh pages, the first is to 
impower the Proprietor, Jointly or severally by them- 
selves, or their receiver Grenerall, or their Agents, 
Attorneys, or servants, to make disti-esses for non 
payment of quit rent, and this is to be done by them 
or their servants, without taking any notice of any 
magistrate, or any Officer in the Gouvemment, but 
because they were told that was carried a Uttle too farr , 
the next clause is to quaUify it, and there it is Enacted 
that all the respective Sheriffs, and Constables, shall 
for ever hereafter (being required thereto by the said 
Proprietors &c) be aiding and assisting to make such 
disti'esses as aforesaid, and this is to be done by the 
Sheriffs or Constables ^vithout any warrant from any 
Justice of the Peace, or any body else, but ex Officio 
and at the i^equest of any servant of a Proprietor, when 
perhaps his master may know nothing of the matter. 

The last clause in the 12**" folio Enacts that all tracts 
of Lands belonging to persons l>eyond the seas, or 
within any of the neighbouring Collonys, which have 
been sold by their Agents or Attoi-neys, since the firet 
day of febiiiary 1682, by virtue of lettei-s of Agency, 
or of Atomey , such sales are hei*eby declared, and shall 
for ever hereafter be deemed and esteemed, a good, 
sufficient, and valid title in the Liiw; this I confesse is 
a very necessary Clause for some pe()i)le as the case 
stands, for gi'eat tracts of land have been sold by 
Agents without the knowledge, and contrary to the 
interest of the Owners, and some times contrary to 
then* directions, soe that if there is not some clause of 



1704J LORD COftNBURY^S ADMINISTRATION. •^'i 

this nature, now that the Law begins to take its proper 
course the right Owners may recover theii- own again, 
which will be noe small losse to some persons here, 
who have been Agents for persons in England, and 
have combined with other pei-sons here to cheat; and 
defraud their Imployers. 

Thus I have gone through the severall Clauses of the 
Bill^ which the Proprietors here, were soe fully resolved 
to have passed, that they were resolved noe Revenue 
should he setled, till that was done, I often put them 
in mind of the absolute necessity of setling a Revenue 
upon her Maiesty for the support of the Government, 
but still the Pi'oprietor's Bill as they very weD called it 
was insisted on, soe seeing there ,was noe good to l)e 
done with them at that time, and the season of the 
year being farr advanced, on the 13**' of 10^«' I ad- 
journed the Assembly to the 18*'' of May 1704, at which 
time I hope to find them in better humour if not, I 
must tiy another Assembly; I am with great respect 

My Lords 
Your Lordshipps most faithfull 

humble servant 

CORNBURY. 



Objections of the Proprietors to Two of the Council, 

! From P. R. O. B. T. New Jf^rsey Vol. 1, A. Vi,\ 

Memorial of Several of the Proprietors of New 
Jerseys objecting against M' Sonmans and 
M"" Cox to be of the Council there. 

To THE Right Hox"V» the Lords Comissioners for 
Trade and Plantations. 

Tlie memoriall of severall of the Piopriet" of the 
United provinces of Elast and west Neiu Jersey, 

The Propriet" most thankfully acknowledge your 
Lordships' favour in giving them notice of Mr Dock- 



S(f LORD CORNBURY's ADMINISTRATION. [1704 

wra's reco'mending M^ Peter Sonman and M^ Daniel 
Cox to fill up the Vacancys in the Council of those 
Provinces And tho' the Propriet" cannot but think 
such a proceeding of M' Dockwra without first con- 
sulting them, whose Interest is soe considerable in it 
selfe, and so much superior to his own, to be a great 
pfsumpcon in him, and injustice to them, Yet without 
insisting upon that Excepcon, and the further objec- 
tion that Justly be taken to any persons who are 
recomended by a man of his Charact', They humbly 
offer to your Lordship's the following reasons against 
the admission of those persons he has nominated, into 
that station. 

1'.^ M' Sonmans became a Bankrupt about four 
years since, and compounded his debts for 7" 6** in the 
pound, which he has not yet paid. The greatest part 
of the Lands he p^tends to have in these provinces, are 
(as the Propriet" are informed) claimed by his sisters 
and their husbands, and the residue may be claimed 
by his Credit" for nonpayment of his Composic'on, and 
perhaps if his Title were strictly enquired into, It will 
be found yet more p'carious, and the Lands to belong 
to the Crowne, his father from whom he claims as 
heire at law, having been an AUen, and continued so 
to his death. 

The Propriet" humbly submit it to yo^ Lord'ps Con- 
sideracon, how farr it wiD be consistent with the 
Queen's Hour that a person who has so ill managed liis 
own private affairs, and been guilty of so much injus- 
tice to her Subjects here, should be trusted with the 
Administracon or dirrecon of publick affairs there, and 
how prjudiciall it may be to her Maj"^'' Right to those 
lands, or the Rights of his sisters and Credit" 

For these reasons the said Propiiet" have refused to 
admit M- Sonmans to be their Agent, tho' M^ Dockwra 
has falsely insinuated to yo^ Lordps that he is soe. 

2'^}y W Daniel Cox has no other p^tence to any 



1704] LORD cornbury's administration, 37 

Lands in those provinces than what he makes by late 
Conveyances from his father Doctr Cox, who many 
years since sold all his lands, Right, Title and Interest 
. in, and to those provinces, to some of the said Pro- 
priet" AND if before the determinacon of the Propriet" 
Right in a Course of Justice (to which they intend to 
resort) Yo- Lords'ps shou'd place Mr Daniel Cox in the 
station of one of the Coimcill of those provinces, It 
may give a credit to his p^tences amongst the inhabi- 
tants there, and raise a p^'judice in them against the 
Proprief^' Right, which they are assur'd yo^ Lords'ps 
would not so much as accidentally contribute to. All 
which they humbly submit to yo^ Lords'ps great 
wisdom. 

The Propriet" upon this occasion humbly crave 
leave to acquaint yo^ Lords'ps That They have received 
informacon from a person of Credit in New Jersey, 
that M' Daniel Cox being lately there, has encouraged 
a faction of the meaner people to oppose, and subvert 
that part of the constitucon lately estabhsh'd by yor 
Lord'ps, which relates to the Eleccon of Members of 
the Generall Assembly As to the qualificons of the 
Elect" and the Elected, the former of whom yo- 
Lordsps requir'd to have 100 Acres of freehold Lands 
and the latter to have 1000 Acres of freehold Lands in 
their own respective Rights. This Constitucon placing 
the Legislative power in persons of substance, proves, 
as it was intended by yor Lord'ps an encouragement to 
such as are able to cultivate the Country and a security 
of their Improvements; But Mr Cox Coll Quarry and 
s()m(^ other men of sinister designs have thought fit to 
insinute amongst those people, that this is an infringe- 
ment of the naturall right of the other Inhabitants, 
and tends to enslave them. By this plausible Artifice 
lie has obtained so much credit to his owne p'"tences as 
to procure payment to himselfe of moneys for which 
the Pn^prief^^* Agent had sold lands they bought of his 
father; And if he be Countenanced and invested by 



38 



JX)KD rORNBTRYS ADMIXIBTRATIOX. 



f 1 704 



yor Lords'ps with any Charactr within that province, 
he may be capable not only of depriving them of more 
of their lands, but of bringing the Country into such 
confusion, as ^vill occasion most of the wealthier 
Inhabitants to foi'sake that province, as many of them 
have declared their resolucon to doe if that security be 
taken from them. 

These Propriet" are hkewise informed that pur- 
chases of lands from the Indians without the Propriet" 
consent ai-e encouraged, or at least conniv'd at by per- 
sons of authority there, which is not only dii-ectly 
repugnant to yo^ Lord'ps Ordei'S, and an Usurpacon of 
the Propriet" Right, but as they conceive and are 
advis'd, is an invasion of the Queen's P'rogative under 
which they claime. 

These Propriet'* therefore humbly pray, that yo*^ 
Lord'ps will give efifectuall instrucc'ons to the Govem"^ 
of New Jereey to p'serve all the Ai-ticles of the late 
constitucon establish'd by yo^ Lord'ps after mature 
dehberacon, and with the unanimous consent of the 
Propriet" (and even of Mr Dockwra himselfe) from the 
least violation. Tho Lane' 

Paul DoEMiNigiE 
Rob Michel 

E. RiCHIER 

Jn^^ BmDGEs 

Obadiah Burnett 

John Whitinc; 

.Fra. Michel 

Jos: Brooksbank 

John Jurin. 
iRecd Jam-y 27V' 17o;| 

1 Ah manifested in many pageH of Vol. II. 
Sir Thomas Lane took an active intereHt in the 
affairs of New Jersey from his first connection 
with the West Jersey Society in 1690. He was 
at one time Lord Mayor of London, and a son. 
Henry, came to N«'W Yorlc about 1710, enga«:ed 
in business there and was elected one of th<> 
Council of that Province in 1781. En. 




1704] LORD COHXBURY^S ADMINISTRATION. 39 



Answers to the foregoing Memorial, 

fFrom P. R. O. B. T. New Jersey, Vol. 1, A 18. j 

M' Dockwra, M*^ Cox M*" Somnans Answ" to the 
Memorial delivered to the Board 27*?" Last 
Month by M*" Doeminiqiie and others, ob- 
jecting ag** the 2 Latter being admitted of 
the Council of New Jersey [Reed Read \i^^ 
Febry 170j] 

To The Right Honourable the Lords Commission- 
ers FOR FORREIGNE TrADE AND PLANTATIONS. 

The severall answers of W™ Dockwra Secretary & 
Register to the Proprietoi-s of the Eastern Division of 
the Province of New Jei'sie and of Peter Sonmans 
their Agent and Generall Attorney &ci'. 

To that pait of the Memoriall Signed by severall of 
the Proprietors of the United Provinces of East & 
West Jersie, soe far as it concerns them 



May it Please f/our luordshipps 

for as much as the said Memoriall chief! v consists of 
untrue allegations in Generall, and very undecent 
reflections in i)articular, not only on the said WT Dock- 
wi-a and Peter Sonmans but alsoe on CoH: Daniel! 
Coxe included therein, Tiiey humbly conceive it may 
be convenient (for the inoi*e Ample information and 
sattisfactioii of youi* Lor(lshi[)ps) to sc^parate their 
answers, soe as the said W"' Dockwra cSc Peter Son- 
mans may joyne in theii*s, in reference to the Eastern 
Division: <!fc tlu' said Coll: Coxe answer apart the 
charge laid against them chiefly relating the Western 
Divi.^^ioii of tin* s'l Province 



4'» U}HD corxbuky's administration. [1704: 

And wh»-i-eas those Subscribers have thought fit to 
hM;nn w'V their Accusations and Invectives against M"; 
Drxkwra, he craves Leave of yom* Lordshipps to An- 
swer rir^t, viz^ 

That those fiei-sons do untnily charge him with 
ha\ing i-ecommended the said Coll. Coxe for one to 
till uj) y" vacansey of the Councell in those pro- 
vinces, for that M' DockwTa's Address to voui* Lord- 
shipps was only on the behalf of Mf Soninans to be 
i-ecom mended by your Lordsh^ to supply the room of 
one Cap* Leonard Lately deceased in y* Elastem Divi- 
sion: Xor did he move yom' Loixiships on that Subject 
upf>n his own paiticular appUcation as jf Memoriall 
unduelv insinuates, but he did it bv Speciall oi-der and 
direction of the Committe and on behalf of the Propri- 
etoi-s of the Extern Division in GeneraU, of whom all 
that wei-e in England (except these factious Subscribers 
and their Pailnei-si, had then chosen and Constituted 
the said ^V Sonmans their Agent and Genei-aD Attor. 
ney, and exi)ected he should Ti-ansiK)!! himself in 
Comi)any of the very next Convoy, The Conmiitte of 
Pi-oprietoi*s having his ordei*s and Instnictions at that 
time, under considei-ation for his Dispatch his Commis 
sion l>eing delivereil to him under the hands and seales 
of all the Proprietoi*s in England as afoix^said. excei)t 
those men and the rest of their Pai-tners as aforc^ud, 
who usuallv Stile themselves v' West Jei-sie Scxietv; 
wjio might have Signed it too. if tht\v had not thought 
th»'ins(lvt's too great to condi^seend to a fi'iendly com- 
pliance with the rest, but conceiting their Interest was 
><»e < on.-i(leral)le in itself, thov havi* had the vanitv to 
i*e]»resent it to your Lordshipps, soe Sui)erior to M"! 
I>r)(kwra. that they arraigne him as guilty ot a great 
pr*'-imiption & injustice in Such a proceeding. »tho he 
;i(idi<'S^«*d hv order and diivction of all th** resl of the 
rrnjiri<'to;x in England) without first consulting them, 
wli'Mi tlH'V would not he consultiMl with: And when 



1704] LOKD cornbury's administration. 41 

I 

after all the undeserved aspersions and ungentlemen 
Like treatment, in Such a paper, insinuating as if they 
had a mighty Interest 

Your LordshP? may be pleased to be truly informed 
that the most they pretend to is but two Proprietyes & 
a half, in the Eastern Division, tho the rest of the 
Proprietors find no more then two on their Register, 
and can allow them noe more tiU they make out their 
title to another half if they can; soe y? of 24 proprieties 
they have but two Appears, & the best part of y? land 
that is taken up on those two proprieties, is already 
Sold away: in soe much that these Subscribers & their 
partners have soe Uttle reason to represent their Inter- 
est to be soe considerable and to boast it to be soe 
Superior to M' Dockwra's that he does assure your 
Lordships, — He would not Exchange his Single Inter- 
est & concern for the whole Joynt interest & concerne 
that the Society has in the Eastern Division of new 
Jersey. 

And as to y? Liberty your Lordships find they take 
in their paper to defame Mr Dockwras Character tho 
he cannot but take notice of their sly way of reflection 
to blast it Yet he thanks God for the sattisfaction he 
has, in the unblemisht Reputation he beares among all 
Worthy goodmen that know him, and is the less con- 
cem'd when his Character is reflected on, by some 
peculiar Persons among yf Subscribers who have en- 
snar'd some honester unwary Gentlemen to Signe w*'/ 
Such, whose tongues or pens (He presumes to believe) 
your Lordships will count uoe Slander on Mr Dockwra's 
charracter, especially from those men who have soe 
great need (but take so little care) to defend their own. 
A further instance shows that they little regard their 
own Reputation when they obstinately persist, wrong- 
i'lilly, to accuse M' Dockvvra to have falsely insinuated 
to your Lordshii)ps, y\ M^ Sonmans was the Proprietors 
Agent, when he attended yo'^ Lordshijjs with him, to 



42 LORD cornbury's administratiox. [1704 

represent him as such: In Answer to which Mr Son- 
mans annexed paper, & the Originall Commission 
which he will produce under the hands and Seales of 
all y? rest of the Proprietors in England; will shame- 
fully confront their Callimmy, & undeniably manifest 
the verity of W Dockwra's representation to your 
Lordships, to which clear evidence of the truth, he 
refers himself, and Relyes upon your Lordships wisdome 
& Justice to acquit him from those unjust imputations 
& unmerrited reflections contained in the said unde- 
cent Memoriall, being very sorry for the Needless 
trouble it has occasioned to Your Lordshipps: and 
humbly prays he may remain in Your Lordshipps 
favour and good opinion. 



(^BvSjS crdnmc^ 



To THE Right Hon^V" the Lords Commissioneks for 
Trade and Plantations 

The Answer of Daniel Coxe Jun? to some part of 
a Memorial Sign'd by Sf Thomas Lane and several 
others. 

I must in the first place crave leave to infonii y' 
Lordships, that M!" Dockwra's recommending mee, in 
conjunction with Mf Peter Sonmans, to fill up one of 
the Vacancys in the Councill of New Jersey, was abso- 
lutely without my knowledge, and tho' I believe M: 
Dockwra designed it as a Favour to mee, and no way 
injurious or detrimentall to the Country, as these 
GentlP endeavour to insinuate it must of necessitv be 
yet I could wish He had never mentioned my name to 
yr Lordships on that account, whei-eby y' Lordshij)s, 
these GentP, and my self, would have been altogether 



For notice of William Dockwra eee Vol. I, p. 878.— Eo. 



1704] LORD corxbury's administration. 43 

freed from so much unnecessary trouble. But being, 
without any just Provocation on my part, so unjustly 
misrepresented unto your Lordships, I think my self 
obliged to vindicate my Reputation, and it is no small 
Satisfaction that my Plea is before such discerning 
and impartial Judges. 

Your Lordships, at the time of the Presentation of 
the Memoiial from Sir Tho Lane, and some othei-s. 
having declar'd your resolution not to intermeddle in 
disputes conti'ovei'sys concerning Titles to Land, by 
reason the Courts of Justice were the proper places for 
the determining Causes of that nature, I shall not 
trouble Your Lordships with any prohx or artificiall 
answer to these Gentlemens Allegations but only in 
short reply, that my Father absolutely denys his having 
sold them, or any others, his intii'e & total Intrest in 
and to those Provinces but on the contrary affirms, 
that he resei'ved to himself several very considerable 
Tracts of Land which the Writings I have ready to 
produce will clearly evince, and the Conveyances made 
to these Glent" will further prove. And had thes<? 
Gent." any such Right, as they pretend too, and any 
Avritings to Confirm it, they surely would never suffer 
those Contumelys and i-eproaches w*!** are every day 
thrown on them, not only by Some of their o\vn Agents 
and perticular Purchaseis but by almost the whole 
Country, who for near twelve Yeai*8 past, have 
demanded them to bee sent over to the Province, and 
enter'd upon the Register, which is always Customary, 
and without which, no man can bee assurVl or SecurM 
in the Possession of his Lands and Kstate. 

As to what these Gen^"' mention in their Meiiioiial, 
to yr l^>iships, conceiuing the information they haw 
i'(»c? fi'om a Pt»j\son of Credit in New Jei-sey, about my 
incouraging a Faction of tht^ meaner Peoplt* to oi)poso 
and subviqi that part of tlie Constitution lately estab- 
lish'd by your l^^rdships, w*'.'' relates lo the Election of 



44 • LORD coenbury's administration. [1704 

Members of the Gteneral Assembly, as te the Qualifica- 
tions of the Electors and Elected. I answer, that they 
having mentioned only in General Terms this informa- 
tion to proceed from a person of Credit, without taking 
any notice of his Name, or giving any Proof of the 
Charge, I'm apt to believe by this proceeding, the 
Gren^*° not to bee of that Credit they would seem to 
intimate, or else, if any such there be, that he's some 
Instrument they make use of, to misrepresent my 
Actions, and justify their own. Howsoever I abso- 
lutely deny my encouraging of any Faction, espetially 
of the meaner People, with whom I seldom converst ; 
but when I did it was always concerning either my 
own private affairs, or to convince them of their happi 
ness in being deliver'd from the Arbitrary Governmf of 
their late Lords and Masters and in being now more 
immediately under the more moderate and gentle 
Governm? of the Queen, who they might be assur'd 
would Secure them in the Possession of their Libertys 
and Estates, and suffer Justice to flflow in its proper 
channel, which for several years past to their great 
grief and detriment had been obstructed. And I hope 
your Lordships will allow his Excellency the Lord 
Combiuy, who was a nice inspector of all my actions, 
to be a person of as much Credit and a much more 
proper Judge, of my Behaviour than this Gentlemen 
from whom this information comes; and yet his Lord- 
ship has been pleas'd to give me a quite different 
Character, and which is yet of more Validity to con- 
found these Genf insinuations, has honour'd and 
intrusted mee with the charge and Command of all 
the Forces in the Western Division of New Jei-sev; 
which Fm apt to beheve his Lordship would not have 
done, had he in the least been sensible of my being 
guilty of what these Gentlemen lay to my charge. 

I shall not take up at p^sent so much of your Lords- 
ships time, neither indeed do I think it so proper in 



1704] LOBD CORNBURy^S ADMINISTRATION. 45 

this place, to enter into the merits of the cause, or 
Justify or Condemn the necessity or usefulness of the 
before mention'd Instruction, because I'm satisfy'd 
your Lordships, will by the first shipping from those 
parts, receive from his Excellency the L? Combury a 
more ample and satisfactory information of that aflfair, 
than I am perhaps able to give. 

I must here Acknowledge my particular obUgations 
to these Gentlemen for the honour they have done mee, 
in associating me with that truly Worthy Gentleman 
Coll: Quary, whom they have hkewise accus'd for 
encouraging and promoting this pretended Faction. 
His Person and Character I'm well assur'd are not 
unknown to your Lordships, and his Services for the 
Crown have not been unregarded. Wherefore I doubt 
not your Lordships will expect some better and cleare 
proof of what these Gent? charge upon him, than what 
has been hitherto produc'd, before You give the least 
Credit or encouragemf to then' sly and malitious in- 
sinuations. 

And least these Gentlemen should leave one Stone 
untum'd to traduce and blacken my Reputation, they 
are resolv'd to stick at nothing which they imagin can 
bee any ways serviceable in prosecuting their Sinister 
Designs, and therefore averr with the greatest assur- 
ance imaginable, that by insinuating amonst the Peo- 
ple, that the before men'ion'd Instruction was an 
infringement of the Natural Right of the other Inhab- 
itants, and tended to enslave them, I had obtain'd So 
much Credit to my own Pretences, as to procure pay- 
ment to my Self of money for which their Agent had 
Sold Lands they bought of my Father; When the 
greatest part of the Country can witness, and I've 
Testimonials here in England to prove, that what 
moneys I received for any Lands in New Jei'sey was 
some months before the arrival of your Lordships 
Instruction to the Lord Combury, or the knowledge I 



+6 LORD CORNBURY's ADMINISTRATION. [1704 

had of any such jiarticular Instruction being insei'ted. 
And it was well known to the whole Country, before 
whom my A\Titings were produced, and my Title Can- 
vass'd, that nothing else but my indisputable Right to 
these Lands, own'd and acknowledged by the very 
Counsell of my Adversarys, could procure the payment 
of those moneys, and not any Credit I had gain'd by 
my Insinuations; which besides could never have been, 
the Poor People being grown so over and above 
cautious. Since their deaUng with these Gentlemen, 
whose Agents rec? from them w^out any manner of 
i*eason or Justice above one thousand pounds. 

As for my depriving them of more Lands, and bring- 
ing the Countr)^ into such Confusion as will occasion 
most of the wealthy Inhabitants to forsake that 
Province, as these Gentlemen say, they have declared 
their resolution to do, if the Security of that Constitu- 
tion be taken from them, I must answer that I know 
of no Lands I have yet deprived them off, neither am 
I capable to deprive them of more, the Laws of Eng- 
land being, Since these Gentlemen have had no Pre- 
tences to Gov7* in that Province, in Full fforce, and a 
Govf there constituted by the Queen, who will not 
suffer any Violence or injustice to bee us'd tho to the 
meanest and most abject of her Majestys Subjects. 
And I can assure your Lships that the wealthier people 
in the Province, w^ most of whom I've often converst, 
have declared they think this part of the Constitution 
to bee of so small Security to themselves in paiticulai-, 
or the Country in General, that on the other hand they 
ai*e extreamly feart'ull least the meaner Sort of People 
being discontented hereat should leave the Province, 
and transport their Familys and effects to the neigh- 
bouring CoUonys, where they will not bet^ so strictly 
limitted and confin'd— 

And IxHiuise 1 know your Ijordships to 1kh» discern- 
ing Judges, and to distribute y! Justice without the 



1704] LOBD CORNBURY^S ADMINISTRATION. 47 

least Partiality, Should y\ Lfships admit these Gentle- 
mens Plea ag? mee, and for the reasons alledg'd, think 
mee iinfitt to be Countenanc'd by your Lorships, or 
invested with any Character in that Province, flfor the 
very same reasons, I humbly presume your Lordships 
will think fitt to expunge Mr Lewis Morris, who tho 
their Agent, and my declared Enimy is by your Lord- 
ships the first nominated of the Councill since the 
Death of M' Hunlock, and no doubt will have the same 
advantages of mee, as they pretend, should they have 
recourse to Law, I may have of them. The last Ai'ticle 
concerning purchasing of Land from the Lidians, I sup- 
pose is not levelled at mee I being almost the only man 
espetially in the Western Division of the Province that 
publicly oppos'd that transaction, as my L? Cornbury 
can testify; So shall joyn with these Gentlemen in 
enforcing and recommending it to yf L**ships notice and 
Considerac'on and that you would bee pleas'd to give 
your further and Speedy orders to his Excellency the 
Lord Cornbury about it. But before I finish I must 
beg leave to inform youi' Lordships that as I never 
designed to apply my self to your Loixiships, in expec- 
tation of your flfavour, in being appointed to fill up 
one of the Vacancy s in the Councill of N: Jersey, with- 
out my Lord Combury's Consent and Countenance, So 
I shall submitt to the Nomination of Such persons as 
his Excellency shall recommend to this hon**i* Board, 
in pursuance of your Lordships Instructions to him. 
All which is most humbly Submitted to your L**ships 
great wisdom by 

My Lords 

Yr Lordships 
most humble and most Obedient Serv? 

Daniel: Coxe Jun" 



48 LORD COBNBURY^S ADMINISTRATION. [1704 



In answer to the Objections in the sd Memoriall against 
Peter Sonmans, he humbly offers to your Lord- 
ships. 

That many & very great losses, during the late 
Warr, & not ill managm^ or design of doing his Cred- 
itors injustice, as is very maliciously and untruly as- 
serted in the sd Memoriall, obliged him about 4 years 
since to compound with divers Creditors, for T^O^ in 
the pound; wf? so fully appeard to his Creditors that 
they not only readily accepted his offer: but also in- 
sisted upon no further security than his own bonds, 
wi^, altho the contrary is unfairly aUedged, are long 
ago paid and Satisfyed, as may appear by the sd can- 
celled bonds & generall releases. 

But since these Gentlemen have been so very Severe 
upon the sd Sonmans on ace* of his misfortunes, it had 
better become them, not to have permitted any to sign 
their sd MemoriaU, who have not only faild many 
years ago, but also hitherto omitted to give their cred- 
itors any the least satisfaction. 

Your Ld'ps having been pleas'd to declare, that you 
ai'e not Judges of the Title of Land, & that all dis- 
putes relating thereimto are foreign to the matters 
before you y'' sd Sonmans does not presume to trouble 
your Ld'ps w^^ any answer to what is untruly & very 
unjustly aUedg'd in the sd MemoriaU about the pre- 
cariousness of his Title to the Lands in New Jersey 
Only prays leave to inform Your Ld'ps, that he is, & 
has for divers years, been possessed of 5 Proprietys 
& a quarter of the Eastern cte 2 Prop^f of the Western 
Division of New Jersey. That his Title to the sd Pro- 
prietys was never disputed, save by W Joseph Orm- 
ston, who in right of his wife being sister to the sd 
Sonmans, about 5 years since exhibited his Bill in 
Chancery against the sd Sonmans, setting forth his 



1704] LORD C'ORNBURY-S ADMIXISTUATIOX. 49 

pretentions to one third of the sd Proprietys. But 
upon hearing of the cause, the Right Hon^'*^ The Mas- 
ter of the Rolls, dismist his Bill w^*' costs, w^:!' decree 
upon Appeal & Rehearing: The Right Hon^^^The Lord 
Keeper, confirmed as appeai-s by the writt of Execuc'on 
xmder the Broad Seall. 

The West Jersey Society aforesd, or so many of 
them as sign'd tJ le sd Memoriall, conclude with TeUing 
your Ld'ps, that for the reasons by them menc'oned, 
they refused to admitt the sd Sonmans to be theii* 
Agent, & that m' Dockwi-a falsely insinuated to your 
Ld'ps, that he is so. Which Allegations are utterly 
untrue. The matter of fact May it please your Ldjis 
being thas 

The Proprietoi-s of the Eastern Division of New 
Jersey, residing or being in England, who for many 
years have had the managm! of all affairs, — having 
among them above 14 of the 24Proprietys, being de- 
sireous to have the advice and consent of all their 
fellow Proprietors in so materiall a concern as the 
choice of a gonerall Agent, before they chose, or signd 
a commission for him, not onlv Summond the sd W(^st 
Jersey Society, who among them have but 2 Proprietys 
to all their intended meetings, but also frequently 
mentioned the occasion and necessity thereof to induce 
them to come; w*"*" letters or severall of them S^ Tho: 
Lane, whom they call their President, ownd to have 
received. But they nor any of them ever attending; 
the other Proprietor unanimously chose the sd Son- 
mans, And having all signd his Commission, ordei'ed 
him to desire the sd Societv's concuiTame. 

Accoi-dingly the sd Sonmans attending attended S: 
Tho: Land & m^ Dominique, with whom he left the 
sign'd commission, who promised to communicate it to 
the sd Society, & declared his approbation of the other 
Proprietoi*s choice 

Shortly after m*" Sonmans again attending mr' Dom- 
4 



50 LORD CORNBURY's ADMINISTRATION. [1704 

inique he said that the Society had no objection against 

the sd Sonmans, but were svilUng to gratify him & 
sign his commission as to all things relating to him : 
but that they were not willing to sign it as it was 
drawn up because of some clauses relating to m^ Dock- 
wra, with whom they would not be concemd, nor con- 
sent to what was therein confirmed to him. 

But if the other Proprietors & m*^ Dockwra would 
agree to have the sd. Commission new drawn without 
those clauses, they would sign it. 

For proof of w®** the sd Sonmans appeals to W Dom- 
inique himself. 

The sd Sonmans humbly submitts the premises to 
your Ld'ps wisdom hoping your Ld'ps will not Judge 
him incapable or unworthy to Serve her Maj'?^ only 
because he has had many losess Nor inconsistent 
w? the Queen's honour to have him in the Councill 
who has so large a share in both Divisions of New 
Jersey, not upon a precarious or disputable Title, but 
such as after Solem hearings, has been Judged good by 
two decrees in Chancery as aforesaid. 




&7i/m^tpu 



Memorial from Mr. Paul Doeminiqti^, and other Pro- 
prietors of Netv Jersey, to the Lords of Trade, 
relating to New Jersey affairs. 

IFrom P. R O. B. T. New Jeney, Vol. 1, A. 16. J 

To THE Lords Commissi of Trade and Plantations. 

Th4f. Memorial of Several of the ProprieV of New 
Jersey in America. 

Whereas divers persons calling y'^selves the Council 



' For notice of Peter Sonnums see Vol. I, pp. 467-468.— ]£d. 



1704] 



LORD CORNBURY's ADMTNMSTRATIOX. 



ol 



of Propriet" residing in Jersey have assum'd to them - 
selves a power of puix^hasing & taking up Lands of the 
Indians in the West part of yf Province w^'out the 
knowledge or cjonsent of the Propriet" in England. 
We humbly pray yo'; Lordships will give directions to 
to y? Grovemr that a stop may be put to then* proceed- 
ings till it appears to be pursuant to the constitution 
setled and agreed to by y? originall Propriet" 

And we humbly offer to yo*^ Lordships the follo^^ang 
persons viz^ Col. Richard Townly Miles Foi-ster, Abm- 
ham Bickly and Dr John Johnston to fiU up the vacan- 
cies in the Council of the said Province who are Gen- 
tlemen that have considei*able freeholds and reside 
upon the place. 

For ourselves and diver's other Propriet" residing in 
England. 





Rec'd April f)th, 1704. 



* Paul DocMiinquB was among the distinguiiihed Engliahmen that became an 
Mkriy member of the West Jersey Society, and seems to have taken a lively interest 
in it« affairs. Shortly after the date of this paper he became one of the LordM uf 
Trade, and his name Is found appended to many documents affectiuf^ New Jersey. 
— Eu. 



5i LORD OORNBUBY'S ADMINISTRATION. [1704 



Letter from Colonel Robert Quary to the luorOs of 

Trade. 

[From N. Y. Col: Doc'ts, Vol. IV., p. 1UH8.| 

To the Right Hon"* the Lords Cbminissioners 
for Trade and Plantations. 

Right Hon'L' (Extract) 

The Assembly at Nev\r York are now sitting. I 
hope before this fleet sailes to give your Lordships an 
account of what they have done, his Excellency My 
Lord Combury designs as soon as they rise to hasten 
up to Albany to settle the Frontiers, and in order to it 
he hath adjourned the Assembly of the Jerseys from 
the 20 of May to the 20 of June, at which time I 
resolve to attend his Excellency at Burlington where 
the Assembly are to sitt; I need not tell your Lord- 
ships of how great a consequence the eflfectual securing 
of the five Nations, and the frontiers of Albany is to 
her Majesty's service and the General good, not only 
of that Province but even of all her Majesty's Govern- 
ments on the Main. I am very confident that my Lord 
Combury will do all that is in his power, but I fear it 
is impossible for the people of that Province under 
their present circumstances to support the charge of 
it. 1 doe very well know that the inhabitants of New 
York are suppose to be* very rich people, but in reality 
they are not, its true they had formerly a very great 
trade and gott abundance of money the last war, when 
we had a Trade with the Spaniards, besides they had 
a very proffitable tho an unlawfull Trade to and from 
Madagascar besides the advantage of several Privateers 



1704] LORD C0RNBURY*8 ADMINISTRATION. 53 

and Pirates bringing great quantities of money and 
goods, amonst them, all of which is gone to pay their 
Creditors in England and have veiy little left amongst 
them, they have had very great losses this war both 
going and coming from England, and besides vast 
losses in the West Indies, their Trade is in effect quite 
gon the produce of the Country is of little or noe 
value, nor is there any markett for it any where so 
that on the whole matter, I do assure your Lordships 
that their cu'cumstances are very low, and yet the 
charge of the Government is much higher than it used 
to be, and their neighbours less able to supply them 
than ever as I will briefly lay before your Lordships. 
****** J ^U i^egin with the Jei-seys, who 
are able to supply their Quota of men, and subsist 
them, tho mony is very scarce amonst them, yet that 
want may be answered by the produce of the Country, 
his Excellency my Lord Combury very well knows 
how to manage that point, but there is a f atall obsticle 
which I fear will inline all the hopes of being supply'd 
with men from hence, which is this, when the people 
of Jersey, find that their next neighbour of Pennsyl- 
vania do neither supply the Quota in men or money 
they will think it very hard that they must be under 
worse circumstances under her Majesty's Government, 
than their feUow subjects are under a Proprietor, but 
this is not the worst for those that are sent on this 
Expedition are generally single men, and rather than 
fare worse than their next neighbours will leave the 
Countiy and go to Pennsylvania, there being only a 
river that parts the two Provinces by which means her 
Majestys Service will be defeated her Province depopu- 
lated, and M"" Penns countiy filled with her subjects, 
who at present are useless to her; This I can assure 
your Loixlships will be the consequence, and is ah^eady 
in every mans mouth, if we cannot live and enjoy the 
same quiet and privilege as they do in Pennsylvania, 



:A loud C0UXBtKY*8 ADMINISTRATION. [1704 

we will goe and live thei-e and turne Quakere, that we 
may be the better entitnled to their priviledges, this 
will be the certain consequence. 



•::- ****** 

.blc 



«• •» •• »• 

•#•• v»- •••• •••' 



Right Hon^ 

Your Lordships 

Most obedient humble Sei-v* 

Rob! Quary ' 
Virginia May 30, 17U4. 



Letter from Lord Conihury to the Lords of Trade.'' 

[From a copy In the Went Jeney Papers of Jamee Alexander, p. 144. j 

14 June 1704 
[Extract.] 
The Gen" Assembly of New Jersey mett for y"^ first 
time at Perth-Amboy in y* E[astem] Devision of New 
Jersey, & here I must first observe y^ y* Qualification 
prescribed in my instructions for y* persons whoe are 
to Elect & to be Elected will nott be advantageous for 
y^ Province, y* Effects y^ have attended y* way of 
Electing are these; first, severall pei-sons well quahfied 
to Serve could nott be Elected becaus they had nott 
KMM) acres of Land tho att y"" same time they had twice 
y* value of that Land in money & goods they l>eing 
trading men; on y* other hand Some when Chosen 
becaus they haue 1000 acres of Land & att y** same 
time haue nott 20? in money driue no trade & Can 
neither Read nor wright nay they cannott answer a 
question y* is asked them of this Sort nor haue to in y' 



» For notice of Colonel Quary tiee Vol. II., p. «80.— Ed. 

* This letter does not appear amonx the New York Colonial DocunieutH. uor has it 
been met with in the Public Record Office in England. The copy from which it in here 
printed Im very defective in its orthography and punctuation, but is thought to be 
otherwise correct, excepting in a few instances where the m*»aning is obscure from 
defective orthography.— Ed. 



1T04] LORD COBNBURY'S administration. 00 

Assembly, y? next Inconvenience y* y'' people Com- 
plaine of in this way of Electing is y* there being 10 
members to be Chosen for Elach Division itt may so 
happen y' all be dweUei-sin one Countie & y*" more 
lickly to be soe because y* Election is made butt in one 
Countie & tho' y® Election has been appointed as near 
as could be in jr* Center of Each Division yet a very 
great number of People Could not Come to y* Election 
because some had about 100 Miles to travell others 
wear afraid of y^ Charges Especially y* Road being 
very bad in most places where any are made, now I 
humbly Concieve y* these Inconveniences may all be 
prevented If his Majestie would be Graciously pleased 
to alter y* Qualification of y'' persons Chusing I believe 
it would tend very much to y' Service of his Majastie 
& would be a Gener*' Satisfaction to y'' Countrey 

The Assembly mett at Amboy y^ 10*3^ 8*^ I then 
Recomended to them setting off Revenue for y*" Sup- 
port of y' Govern^ y* setling y*' MiUtia y** passing an 
act to settel & Confirm y* Estats of all prop? & pur- 
chers of Lands in New-Jersey, accordingly they did 
prepare a biU under that title, I shall make some 
observations vpon some of y* Clauses thei-eof , I shall 
begin with y* Claues in which is Enacted y' this Con- 
firmation shall be an Effectuall title in y* law for y" s^ 
prop" & purchers their heirs & assigns to haue hold 
possess & Enjoy every part of y* aboue recited tract of 
Land &c: As soone as this bill had beene once Read by 
y* Gen? of y* Councill Severall P'sons P'tioned to be 
heard by their Counsell against y* biU Setting forth y* 
if itt passed as itt was greatt numbers of people woud 
be Devested of their Estats to which they thought they 
had as Good a title as y* Propr" yf first people y' Came 
to be heard were y'^ people of Elizabeth-toun whoe Sett 
[said?] that they have a grantt of y* Land they possess 
from Co** Nicolls who was y*^ firet Goverf sent into 
these parts by his Royal Highness y*^ then duke of 



5fi LORD COKKBI'UY's ADMINISTRATION. [1704 

york & y* as this Clause is needed they Conceive y^ 
they should be devested of these Lands y case as it 
appeal's to mee stands thus, Coll. Nicolls Coming into 
these parts found y*" people of New-York refi-actoiy & 
nott inclinable to Submitt to him butt found y* people 
of Eliz: town ready to obey his orders in all things by 
which means y® people of New -York became ti'actable 
& did Submitt Coll Nicolls thought himselfe obhged to 
do some tiling for y® people of Eliz: town y^ might be 
a rewaixi for their fidelity ^fe vpon y' Consideration 
Granted them y"* Lands thay now hold Indeed itt doth 
appear y* his Royall highness y** then duke of york did 
Gi-ant vnto my L'* Berkly & S' George Carteret aU y* 
tract of Land Known by y' name of New- Jersey & y* 
Ducks Grant being dated as near as I Can Remember 
A month or 6 weekes bef or Coll Nicolls Grantt vpon 
this y* P'sent propri" P'tend y* CoU. Nicolls Grant is 
void & y' y* people of Eliz: town shall hold their Lands 
of them vnder y* same Qxiitt Rents which they haue 
from -other p'sons to whome they haue sold Lands 
since; on y? other hand y* people of EUz: town Insist 
y^ CoU. Nicols grant to them is good because (they say ) 
hee had power from y** Duke to grant & y^ his Grant 
was made before hee could Know y* y* Duke had 
gi-anted, thay fuither Insisted y' if a grant of that 
nature is sett aside itt will not be safe foi- any man to 
make any Improvem' vpon any Land obtained by 
Grant from any Govern^ in these parts nor to purchas 
any Lands from any trustee agent or Attorney for any 
p'son In England they say they ought to pay their 
Quit Rents to y* Crown if y" Queen is wiUing to givi^ 
tliat to y* propr7 they ai-e wilUng to pay to them butt 
Insist thay ought to imy noe more quit Rents then was 
Reserved in NicoUs pattent y^" next are y^ people of 
Woodbridge who say y* thay had a Charter granted 
them by Phihp Cai-teritt who was y*" first Govem"^ sent 
ouer by my L** berkly & S*^ George Carterett & they 



rs 



1704] ' LORD CORXBURY's ADMIKISTRATIOy. 57 

say y* this Claues will ouerthrow y* Charter Indeed I 
haue seen y^ Charter & do think y^ it ouerthrows itt 
Selfe. 

The next Claues Enacted y' this p'sent Confirmation 
is hereby declared & shall foi-ever hereafter be deemed 
taken & Esteemed as a full Sufficient vaUed & Eflfect- 
ual title in y® Law for y® Severall & respective prop 
purchers &c: & Afterwards Enacted y^ all others prop 
puitjhers &c Who haue as yet neglected or delayed to 
take up their i-espective shares & p'portions that bee & 
are hereby obhdged to take their EquaU proportions 
out of y* said Lands Remaining &c Nottwithstanding 
of their or any of them being Joynt tennants or 
tenants in Common or any other Cause matter or 
thing in y* Law whatsever these to [two] Last Claues 
are very on just in themselves for thay are Contrived 
both for y* Same Ends Jvst to Confirm y** Injuries 
some people here haue don to others In Elngland by 
making that good In Law which is nott so in itt selfe 
& then by a Law to ObUdge y* people Injured to be 
Content with y* Injuries they have Received, y' this 
would be y® Consequence of those to [two] Claues will 
appear veiy plaine if your L'^shipps are pleased to Con- 
sider y* y* p'^sent propi'e^:'' of y® Northern Division of 
New Jersey by their purches from L** Barkley are ten- 
nants in Common now here is a Claues to breake y' 
In Common with Respect to these Gent' 'men in Eng- 
land Whoe haue not yet thought fitt to Com into 
America themselves nor send any one to take up 
their shai'es and y* without their Knowledge y* tiTith 
of y* matter is y' thest> proprie'f who are come hithtT 
liaue taken vp all y** best of y'* Land & y' which lies 
most Convinient for trade so y' those in England must 
1m^ Content If this bill had passeil to take their shares 
in v* mountains this I did nott thinke att all Reasonable 

ft.' 

iV' Endevernl as much as 1 could with y*' p<n*sons Who 
1 thought hiid y*" most Interest aniongs y* membei's 



58 LORD CORNBUUY'8 ADMINISTRATION. [1704 

of y* Assembly & Council! to Convence them of y* 
um*easoiiableness of that bill as it then stood I told 
them Severall of y^ Objections I had to itt y' they 
might gett them amended before y* bill Came to mec 
but as it was Contrived to answer private Ends it was 
Impossable to get them to depart; from those Claues. 

The next Claues Enacted y* all shars partes p'portiions 
&c. y* haue been designed [devised?] Released Granted 
&c: Sence y* of febr: 1682 within y* Esteriy De vi- 
sion of New Jersey i&c: is hereby declared & shall 
forever hereafter to be taken deemed & Esteemed a 
good vallied & sufficient title in y* Law notewithstand- 
ing want of form or any other matter Cause or thing 
In y** Law whatsoever, Soe y' If any mans Estate has 
been Conveyed away to an other (as I am af rayd itt 
hath been don) why y* Conveyance was to be Con- 
firmed & made vallid in Law as well as many others 
without Ever produiceing once to show y** necessity of 
such a Claues. 

The next Claues I shall take notice of is y® Last 
Claues by which itt is Enacted y^ all and Every por- 
tackler tract of Land formerly Granted by my Lord 
Barkley & Sr George Carterett or by their Goverr & 
Councill of New Jersey vnder y*' Com'on Scale thereof 
or by their agents or attorneys Conforme to y*" powei-s 
Concessions and Instructions to them given by y® said 
John L"* Barkly or [and] S' George Carterett or Either 
of them are hereby rattified assured & Confirmed to 
each & every of y* Respective Granttees & this Clause 

att a first sight seems to a faire law, butt it 

is In reallity a very HI Clause itt seems to Confinn to 
the Grantees their Estate but itt is only such as haue 
been Granted Conforme y" powers Concessions & 
Instructions given by my 1/ Barkley & S' George Car- 
terett or Either of them to their Goverf & every body 
here Knowes y' these Gover^' never acquainted y* peo- 
ple with their powers, now only Published their Com- 



1704] LOKD COKNBUKY's ADMINISTRATION'. 00 

'issions soe that those .... who purched from those 
Gover? are now to be Devest of y*^ Lands they have 
honestly paid for & haue Improved with gieat Expence 
& labour & industry (vnlest they will p'ches them 
againe from y* p'^sent proprie") because their Grants 
or Conveyances are nott Conforme to y* Powers Con- 
cessions & Instructions given by L** Barkely & S^ 
Gteorge Carterett or one of them (which Indeed very few 
of y* Grantees are) but att y® Same time y** purchasers 
Know nothing att aU of those Instructions nor what 
they Contained If they had it is Reasionable to believe 
they would have Conformed themselves to them 
because itt is very naturall for Every man to Desire as 
good a title to y* Estate hee purchases as hee Can 

The next I shall take notice of ai-e the Last Claues 
in y* 10"* & 11*** page y® first is to Impower y® propii" 
Joynly or Severaly by themselves or their Receiver 
Grenerall or their agents or attornies or Servants to 
make destrest for none paym| of Quit Rents & this is 
to be done by them or theire Servants without taking 
any notice of any Majestrats or any officei-s in y*" 
Govei-f butt because they never told y' was caiied a 
littell to farr, y*' next Claues is to qualifie itt & there 

itt is y' all y* Respective Shriffes [Sheriffs] 

& Constables shall forever hereafter (being Required 
thereto by y® s"* Prop" &c) be aiding & assisting to 
make such distrest as aforesaid, this to be don by y* 
Shrieffe or Constable without any wairV from any 
Justice of y® peace or any body Else butt Ex office & 
att y*" Request of any Sei-vantt of A propri' when 
p'hai)s y*^ Attorney may know nothing of the matter. 

Th(? Last Claues in y® 1 -i**' i)age Enacts y* all tracts of 
Land belonging to propV beyond y® Seas or within any 
of y« Neighbouring CoUones Which have been sold by 
theire agent oi' attorney since y*^ fii-st of feb*; 1<>S2 by 
verfcu9 of Litters of ag^nry or of attorney such Sales 
are hereby Declared & shall for Ever hereafter be 



V» LOED co«jr»cRT> jLi>«nn«nLiLTioy- fl7«>4 



Deemed dt Eeieeiiied a good Safficieot & TaDid title in 
T^ Law. this I coofest is a Terr neoessarr Clanes for 

some peo[^ as y^ stands for Gricat tracts o£ 

Land haae beene sold bj Agents witiioat y^ Knowledge 
A Contrarv to v* Intmst of t* owneis & scNrnetinies 
Contranr to their Directions so v* If there is nott some 
Claues of this Nattnre. now t* j* Land begins to take 
itts proper Course t* ri^t owners mar Recooer their 
owne again. Which wiU be niie small Lift to some 
persons here who have beene agents fco- persons In 
England & haue Combinded with other persons how 
to Cheat & Defraud their Employers. 



Circular Letter of Lords of Trade to the Governors of 
PlantationSj relative to information conveyed 
through French Vessels. 

[From p. R. O. a T. PUnfttons Oeoend. No. S£. Entiy Book C. p. 470.) 

Circular Letter to y* Sev? Gov^ in America 
relating to Intellig^ had in French by 
Lett" taken on Board Ships coming from 
the Plantations.' 

Mt/ Ltrd 

HtT Majesty having been Informed y' Intelligence 
han l)een had in France of the state of the Plantations 
by Ijettc^rs from private Psons to their Correspondents 
in Kngland taken on Boaid Ships coining from the 
IMantationft, & Carryed into France, which may be of 
dangerouH consequence, if not prcvented f or the future; 
It in therefore Her Majej^ties pleasure, That your Lord- 



iTIiU L«tttcr t<» Lord Cornbtiiy Coll: Dudley Ooll: Seymour and Coll: Nicholaon 
wiui Hciit Inolotwl In a I^etter from the Sec*ry to Coll Dudley of the 11th July 1701 



1704] LORD CORNBURY^S ADMINISTRATION. 61 

ships signify to all Merchants Planters and others, that 
they be very Cautious in giving any Account by 
Letters of the publick State and Condition of the 
Provinces of New York and New Jersey und' your 
Governments; and your Lordship is further to give 
Directions to all Masters of Ships, or other Persons to 
whom you may intrust your Letters, that they put 
such Letters into a Bagg with a sufficient weight, to 
sink the same immediatly in Case of imminent danger 
from the Enemy, and your Loi*dship is also to let the 
Merch^ and Planters know, how greatly it is for their 
Interest that their Lettei-s should not fall into the 
hands of the Enemy; And therefore that they should 
give the like Orders to the Mastei^s of ships in i-elation 
to then- Letters; And your Lordship is further to 
advise all Mast" of ships that they do sink all Letters 
in Case of danger in the manner befoi'e mentioned. 
We are 

Mv Lord 
Whitehall June ) Your Lordships most humble 
the 29^** 1704. i Servants. 

Robert Cecill 
Ph: Meadows 
John Pollexfen 
Mat: Prior 



An Order of Council, referring to the Lords of Trade 
n petition from Peter Sonmans and Wm. Dock- 
trra, about the title to Staten Island. 

[From P. R. O. B. T. New Jersey. Vol. I A, 18. J 

An Order of Council of the 6^!' InS: referring to 
this Board y^ Petition of Peter Sonmans & 



62 LORD CORNBrRY'S ADMIXISTRATIOX. [1T04 



W*? Dockwra &c relating to their Title to 
the Island of Staten in New Jersey &c 
Reed July 10^ 1704. 

^ At the Court at S* James's the 6*!* day 
j L. s. J of July 1704. 

♦— v~* Present, 

The Queens most Excellent MaTT in Councill. 

Upon reading this day at the Board the Petition of 
Peter Sonraans and William Dockwra for themselves 
and the rest of the Proprietors of the Eastern Division 
of the Province of Nova Caesaria or New Jersey in 
America, relating to the Island of Staten, which the 
Governor of New Yorke pretends to, in Right and for 
the use of Her Ma^?" and keeps Possession thereof, and 
praying that Directions be given for the hearing and 
finaly Determining of that matter. It is ordered by 
Her Ma*?" in Councill That it be, as it is hereby Re- 
fen-ed to the Lords Comm? of Trade and Plantations 
to Examine the matter of the said Petition, a Copy 
whereof is hereimto annexed, and upon hearing the 
Pet? and others concerned, to Report to this Board, 
what they conceive fitt for Her Ma^* to do thereupon. 

John Povey. 



To THE Queens most Excellent Majesty 

The humble Petition of Peter Sonmans and William 
Dockwra for themselves and the rest of y* Proprietors 
of the Eastern Division of the Province of Nova 
Caesarea or New Jersey in America. 

Sheweth 

That his late Ma^^ King Charles the Second by his 
Lettere Patents bearing date the 29*.** of June in the 



1T04] LORD cornbury's administration. 63 

26*? Year of his Reign, for the Considerations therein 
mentioned did Grant and Confirm unto James Earl of 
Perth, Sr Gteorge Meckenz, Rob* Berkley Argent[ Arent] 
Sonmans, W" Dockwra and others their Heirs and as- 
signs for ever that part of the aforesaid Lands which 
then was and ever since till very lately has been called 
by the name of East New Jersey Extending Eastward 
and Northward all along the Sea Coast, and Hudsons 
River from Uttle Egg Harbour to that part of Hudsons 
River which is in 41 Degrees of North Latitude and 
otherways bounded and Limitted as in the said Grant 
and Confirmation as expressed with all Islands, Bays, 
Rivers &c* to the same belonging or in anywise apper- 
taining within which said boundary lyes an Island 
called Staten Island. 

That Your Ma*f* Governor of New Yorke pretends 
in right and for the use of Yom* Ma*?" to Claime the 
said Island and keeps Possession thereof, and tho. 
Your Pet? by Councell Learned in the Law are advised 
they have an undoubted Right to the said Island, yet 
out of their great duty and Deference to yoiu* MaY doe 
restrain themselves from taking any other method for 
Recovery thereof than by humble Representation of 
their Case for your Ma*^* most Gracious Pleasm'e and 
Direction therein, to which your Pet? shall most 
Readily and Intirely Submitt. 

Yom* Pet? therefore most humbly pray That Your 
Ma'^ will be Graciously pleased to give such Orders 
and Directions for the hearing and finall determining 
of this matter as your Ma*?" in your great Justice and 
wisdome shall think fitt. 

And Yo*" Pet" (as in duty bound) shall ever pray &c* 

Peter Sonmans 
W^ Dockwra 



64 LORD CORNBURY^S ADMINISTRATION. fl704 



Commissioners for New York, New Jersey and Con- 

necticut. 

fFpom P. R. O. B. T. Plantations Clenerall. Vol. 32. page 497. | 

Co'mission^ for New Yorke New Jersey & 
Connecticut. 1704 July the IS^*' 

The Right Hon^A« the Lord Combury Her Majesties 
Cap^ Generall & Qovemour in Chief of Her Majesties 
Provinces of New York and New Jersey in America, 
and the Qovernour or Commander in Chief of the 
Provinces of New Yorke and New Jersey for the time 
being. 

Richard Ingoldsby Esq"" Lieuten^ Grovemour of the 
Province of New York & New Jersey, and the lieu- 
tenant Govr or Lieutenant ftovernours of the said 
Provinces for the time being. 

The Govemour of Her Majesties Colony of Connecti- 
cut for the time being. 

The Vice Admiral or Vice Admirals of the Provinces 
of New York New Jersey and Connecticut for the time 
being. 

New York. 

WiUiam Smith, Peter Schuyler, Sampson Shelton 
Broughton, Wolfgang Willi™ Romer, William Laurence 
Gerardus Berkman Ripvan Dam, John Bridges, Caleb 
Heathcote, Thomas Wenham, Mathew Ling Killian 
Van Ranslaer Esq" Memb" of Her Majesties Councill 
in the Province of N York during their being of Her 
Maj'^' said Councill and the Memb" of Her Majesties 
CounciU in the said Province for the time being. 

New Jersey. 

The Councelloi's of New Jereev viz* Lewis Morris, 
Andrew BowTie, Samuell Jennings, Thomas Revell 



1704] LORD cornburt's administration. 66 

Francis Davenport, William Pinhorn, George Deacon, 
Samuell Walker, Daniel Leeds, Will™ Sandford and 
Robert Quary Esq" Members of Her Majesties Comicill 
in the Province of New Jersey during their being of 
Her Majesties said Councill, and the Members of Her 
Majesties Councill in the said Province for the time 
being. 

The Chief Justice or Chief Justices of New York and 
New Jersey for the time being. 

The Judge or Judges of the Vice Admiralty in the 
Provinces of New York New Jersey, and Connecticut 
for the time being. 

The Captains and Commanders of Her Majesties 
Ships of War within the Admiralty Jurisdiction of the 
Provinces of New York New Jersey and Connecticut 
for the time being. 

The Secretary of the Province of New York for the 
time being. 

The Secretary of the Province of New Jersey for the 
time being. 

The Receiver of Her Majesties Revenue in the 
Province of New York for the time being. 

The Surveyor Generall of Her Majesties Customes in 
America for the time being. 



Letter from the Lord Cornbury to the Lords of Trade, 

about Netv Jersey ajfairs, 

! From P. R. O. B. T. New Jersey, Vol. 1, B. ,">. | 

Letter from the Lord Combury to the Board. 

New York 9^" the V'' 1704 
My Lords 
I trouble your Lordshipps with these lines to acquaint 



08 LORD cornbury's administratiox. [1704 



J^ord Coruhurt/ to Lieutenant-Govenu)r Ingoldesby, 

Burlington November 15 1704 

Sir 

Yours of the 12'** Instant came to my hands last 
night,' and it was no smaU surprise to me to find by it 
that you had opened a letter directed to me, when you 
had no instiiiction from me to do it; if I had thought 
fitt to have left you at New York in the managm' of 
that govemm*, I would have left you proper Instruc- 
tions for that pm'pose; but you know very well that I 
have appointed yom' station in this place. Indeed you 
desired that you might stay a day or two after me, 
because of the inconveniency of the inns upon the road, 
which I readily consented to, expecting you would 
have followed me; but seeing you doe not, I hereby 
require you forthwith to repaire to your duty here ; 
that I may not have occasion to accuse you of breach of 
ordei>>. I expect you comply with this order imediately 
upon the receipt of this. I am, Sir 
Col. Ingoldesby. Your humble Sei-vant 

CORNBUBY 



letter frain Lord Cornbnry to the Lords of Tnidr 

about Neir Jersey Affatrsi, 

I From P. R. O. B. T. New Jersi'v, Vol. I B ia,J 

L"* from the Lord Cornbury to the Boai'd ; 

New York febniarv Il»"' 170-1-5 
Mf/ Ijords 

Your Lordshipps letter of the 28*' of May 17<H came 
to my hands on the 15'*» of 10'*''" at Amboy, in which 



1705] LORD COttXBl'RY-S ADMIXISTKATIOX. 09 

you are pleased to say, you daily exi)ect the perticular 
account of the aflfairs of New Jersey, which I promised 
to your Lordshipps by my letter of the 18^'' of 10^^" 
1703; by w^** I perceive my letter of the 14**' of Januaiy 
17(>4 is not come to your hands; I returned from New 
Jei-sey to this City on the 14"' 10''"' 1703, and hearing 
the Centmion was not sailed from Boston, and the 
Post being just ready to goe away, I stopt him long 
enough to write to your Lordshipps that Letter of the 
18*** of 10'" 1703, about a fortnight after that hearing 
that the Centurion had had a mischance going out 
fi'om Boston, and was forced to return into Port again, 
I wrote the letter above mentioned of the 14'" of Janu- 
ary, 17<>4, and sent it to Boston in hopes it would come 
time enough to reach the Ship Centurion, and aftei* 
that I sent a duplicate of it to Rhode Island, which 
was pnt on board a Vessell going for England, by a 
Minister who had promised me to take care to send it 
by the first Vessell that should sail from Rhode Island, 
or Boston, and which he wrote me woixi he had done, 
however those ways being very luicei'tain I did send 
another duplicate of that letter to your Lordships by 
her Majestys Ship Jei'sey, which I hope is come to your 
hands before this time, by which you will see what 
was done at Amboy in the first sessions of the Assem- 
bly of that province; and in another letter by the Ship 
Jersey bearing date the 4'*' day of y^'*', I did acquaint 
you with what had passed at the next meeting of the 
Assembly of New Jersey at Burhngton which was in 
7*'", and on the 2S^^' of that month, I did dissolve that 
Assembly, and Isued Writs to call another Assembly 
to sit on the 9'*' day of 0'"^ at which time they met, and 
passed the severall Acts following, Viz^ .4// Act for 
raising a Revemie for the support of her Majestys Gar- 
eminent within this Promnce of New Jersey for two 
years. An Act for aaitiugand quieting the minds of 
all her Majestys Snhiects within this Prorince of New 



10 LORD CORNBURT'S ADMINISTRATION. [1705 

Jersey. An Act for altering the present Constitution^ 
and Regulating the Election of Representatives to serve 
in the General Assembly of this Province of New Jer- 
sey. An Act for selling the Militia of this Province. 
An Act for laying out Regidating clearing & present- 
ing public, common^ highways throughout the Province 
of New Jersey. An Act for the suppressing of Immor- 
ality within this Province of New Jersey. An Act 
for Reviving and continuing the Courts of Quarter 
Sessions and Comnum Pleas in the Countys of Bergen. 
Middlesex and Monmouth^ and the proceedings of the 
same. An Act for regulating Negro, Indian & Molaito 
slaves within this Province of New Jersey. The first 
of these Acts is what the last Assembly would never 
have past iinlesse I would have past then* Proprietor 
Bill such as I sent it to your Lordshipps by the Centu- 
rion first, and last by her Majestys Ship Jersey, when 
I first saw this last Bill, I sent for one of the Assembly 
whom I thought I could more freely talk with, then 
the rest and asked him what was the reason they had 
given the Revenue for soe short a time, he answered 
me very i*eadily that it was for noe other reason, but 
because they had never had a Gten^'all Tax through- 
out the whole Province, and that they could make noe 
manner of computation what the Country was able to 
bear, that this would be a tryall of that, and that if I 
would be satisfied with this BiU for the present, when 
they saw what the Country would be able to bear, they 
would be ready to settle such a Revenue as would 
effectually answer the occasions of the Government, 
this being soe frankly told me, and considering how 
stubborn the last Assembly had been upon this point, 
and being every day informed that the Quakers 
bragged that there should be noe Revenue setled, that 
the Queen had sent them a Gouvenior, but they would 
keep him poor enough; these and such like reports 
were spi-ead about not by the meanest men among 



1705] LORD corkbury's administration. 71 

them but by the topping leading Quakers; therefore I 
thought it proper to let that Bill passe, and inti-eat 
your Lordshipps to recomend it to her Maiesty for her 
Rayall Approbation: the second is an Act for quieting 
the minds of the people, this I thought a very reason- 
able Bill, because it will put an effectual end to many 
prosecutions which were intended to have been carried 
on in New Jersey, against some persons who opposed 
CoUonell Hamilton's Gouveniment, and her Maiesty 
having qeen pleased to command me, not to suffer any 
pi-oceedings to be earned on against any pei-sons uix)n 
account of former animositys, I thought this would be 
the mast effectuall way to answer her Maiesty s com- 
mands, espetially since M*^ Monis, to whom the Queen 
had done the honour to make him one of her Councill. 
was very warm for those prosecutions, as appeared the 
last year, that he prevailed with m' Griffith, the 
Attorney Generall of New Jersey, to preferr a Bill of 
Indictment against some of the people of Elizabeth 
Towne, for a Riot said to have been committed during 
the time of the Gouvernment of CoUonell Hamilton, 
this the Attorney Generall was prevailed with to doe 
without my knowledge, but a complaint being brought 
to me of that matter, I directed the Atomey G^nei-all 
to enter a NoU Prosequi, which he did accordingly; it 
is an Act which will make the people easy, thei-ef oi-e I 
hope the Queen will be pleased to confii-m it, the thii*d 
is an Act to alter the manner of Electing member to 
serve in the Generall Assembly of New Jersey, in the 
15'*' clause of my InstiTictions, her Maiesty is pleased 
to make use of these words, (and that this number of 
Representatives shall not l)e enlarged, or diminished, 
or the manner of Electing them altered, otherwise, 
then by an Act, or Acts, of the (fenerall Assembly 
there, and confinned by the aprobation of us, our Heii-s 
& succ^ssoi-s, ) by whic.'h I suppose the Queen, was 
gratiously pleased to leave it to the consideration of 



72 LORD cornbury's adxikistsatiok. [1705 

those whom she has appointed to serve her Maiesty in 
that Province, to propose a method of Electing mem- 
bei-s to serve in the Generall Assembly there, which 
may be more advantagions to the Queens service, and 
the good of the Country, then the Regulation contain- 
ed in her Maiesty's Instructions to me, and indeed I am 
of opinion that this Act will answer that end. for the 
number is not altered, which was appointed by the 
Queen, but only the quallification, and the method of 
Electing, by which means we shall be able to have the 
men of the best substance chosen, for as I have in- 
formed your Lordshipps by a former letter, the Landed 
men are not the men of the greatest substance in these 
parts of the world, I intreat you will be pleased to 
intercede with the Queen that this Act may be con- 
firmed, the fourth is an Act to settle the Militia, this 
is soe necessary an Act that I hope it carries reason 
enough in it's self to obtain her Maiestys confirmation, 
the fifth is An Act for laying out and preserving high 
ways, this is an Act of absolute necessity, and indeed 
without An Act of this kind, the roads in New Jersey 
would in u short time be unpassable, soe I hope that 
Act will \Hi confirmed, the sixth is an Act for suppi-ess- 
iiig of Immorality, I wish it may answer the intent, if 
it (l(M*s, it will be the best Act that ever was passed, 1 
hofxi it needs noe farther recommendation to get it 
(confirmed, then the good which is intended by it, and 
(^eitainly there is great need of it. the seaventh is an 
Act for i-eviving, and continuing, the Courts of Quarter 
SessionH, & Common Pleas, in the Countys of Bergen, 
Midlesex, and Monmouth; the reason for passing this 
Ac:t was, because those Courts hapned to fall out at 
i\u' time that the Assembly was sitting at Bm'lington, 
and the Judges of those Courts are Membei-s of her 
Maiesty Councill, and could not attend the Courts at 
that time, soe that all Causes depending would have 
abated to the preiudice of the Partys concerned, had 



1705J LORD cornbury's administration. 73 

not such an Act been passed, therefore I hope her 
Maiesty will be pleased to confirm it. the eighth and 
last of these Acts is an Act for regulating of slaves, 
and indeed considering the situation of the Province of 
New Jersey, that Act is absolutely necessary, and 
indeed without it, it will be impossible to keep slaves 
in any Order, for if a slave is punished for any fault, 
he will run away, and there are people enough who 
will hide them to have the benefit of their labour in 
the mean time, to the greate losse of the owners, and 
I hope this will be a means to prevent both that, and 
their thieving, to which they ai-e all very much 
addicted, and it will be a gi'eat help to the Owners of 
those slaves, who now very often loose the labours of 
theii' slaves, for a month together, and some times 
longer, therefore I intreat your Lordshipps to intercede 
\vith her Maiesty, that this Act may be confirmed, thus 
I have given yom- Lordshipps an account of all the 
Acts of Assembly passed in the Generall Assembly of 
New Jersey in the first Sessions of the New Assembly, 
they were of Course to have held them next Sessions 
at Amboy, but we find by experience that holding the 
winter Sessions at Bm'lington, and the Spiing Sessions 
at Amboy, is very inconvenient, soe at the Request of 
severall persons both of the CounciU, and Assembly, I 
have adiourned the Assembly to meet the next time at 
Burlington, which will be the 7^^ of April next, then 
the next time they will meet at Amboy, and soe alter- 
nately, unlesse you are pleased to direct otherwise. 
Now I think it my duty to acquaint your Lordshipps 
that M*^ Lewis Monis, whom the Queen was pleased to 
nominate for one of her Maiestys Councill in New Jer- 
sey, has behaved himself very ill, as I think, for ever 
since he came hither from England he has endeavoured 
to perswade the Proprietoi's in Jei'sey, and those peo- 
ple who ai'e in our Interests, that the Gouvemenient 
was suiTendei-ed to the Queen upon certain terms, and 



74 LORD CORNBURY^S ADMINISTRATION. [1705 

conditions, agi-eed upon before the Proprietors would 
surrender, being informed of this I sent for M' Morris, 
and asked him how he came to raise that report, which 
he must know not to be true, for that if any such thing 
had been, I should certainly have been informed by 
your Lordshipps, and by the Right Hono**** the Earle 
of Nottingham what those terras, and conditions, were, 
that I might conform myself to them, and that since I 
had noe such directions, there eould be noe such thing, 
to which m' Morris replyd that it was true, that the 
Gouvernment was surrendered upon terms, and that 
if they could not have obtained those terms, they 
would not have surrendred at all, I desired him to 
shew me those terms, he told me they were contained 
in my Instructions, and instanced perticularly the 15*** 
clause, in which the quallifications of persons to elect, 
and be elected, are contained, and said that was one of 
the terms; and said that the 53** clause, where I am 
directed to admit Quakers into OflBces, or Imploy- 
ments, signing the Declaration of their Allegiance &c. 
was another of the termes, to which I answered that he 
might as well say, that the 37*** clause, where I am 
commanded not to suffer any persons besides the Gten- 
erall Proprietors, or their Agents, to purchase any 
Land from the Indians was one of those terms too 
upon which he said that they had noe need of such a 
clause, and that the Queen was mistaken in that 
clause for that the Proprietors had noe need of any 
Licence from the Queen to piuxjhase from the Indians, 
for the Land was their own already, by virtue of the 
Grant from his Royall Highnesse the Duke of York, 
to my Lord Berkley and S' George Carteret, whose 
Right they have purchased, I told him the Queen was 
best Judge what clauses were proper to be incerted in 
the Instructions she was pleased to honour me with, 
and that as I foimd them I would obey them, and I 
told him it did not become him to speak at that rate of 



1705] LORD cornbury's administration, 75 

the Queen; and indeed that Grentleman does give his 
tongue too great a liberty, however for that time we 
parted, and I did not see him in some months, for 
going to Amboy in my way to Burlington, to meet the 
Assembly there, I appointed m' Morris and Captain 
Bowne, to meet me at Amboy on the 30*^ of August, 
upon the account of some disturbance that was like lo 
be occasioned, by a Rape committed by an Indian upon 
a white woman, and some of the Justices had impris- 
oned the Indian, Captain Bowne met me according to 
appointment, but m*^ Motris chose that very day to 
goe from his house in New Jersey, to New York with- 
out so much as writing one line of excuse, or taking 
any manner of notice, I pursued my Journey to Bur- 
linton, but m"^ Morris neither came, nor wrote, soe on 
the last day that the Councill sat, I did suspend m' 
Morris from his place in Councill, and ordered the 
Clerk to enter a minute in his book, of his suspention 
and the reason of it which was for neglecting her 
Maiesty's service, without having obtained leave to be 
absent; when I was at New York, one D' Ennis a 
Minister of the Church of England, who is setled in M"" 
Morris's neighbourhood in New Jersey, came to me, 
and told me that m' Morris was very sorry that he 
had committed soe great a fault, and desired that he 
might have leave to come to me, and acknowledge it, 
I told him he might come when he pleased, and the 
next day m^ Morris and he came to me, and owned his 
fault, and said that if I would restore him to his place, 
he would by his constant apphcation to the Queen's 
service, convince me that it was not out of any disre- 
spect, that he had neglected his duty before, I told him 
I did not desire to be severe, or uneasy to any Gentle- 
man, but that it was my duty to take care, the pei-sons 
who had the honour to serve the Queen in that 
Province should doe their duty espetially at a time, 
when severall things were to b(» done, nc^cessaiy for 



76 LORD cobnbury's administration. [1705 

the setling the Country, see we parted, and I did not 
hear from him any more, till a few days before I went 
to New Jersey to meet the New Assembly, when I 
received a letter from him, from a farme he has in 
West Chester County, in this Province of New York, 
by which he acquainted me, that having lately taken 
that farme into his hands, he was very busy putting 
his affairs in order there, and that it would be a great 
prejudice to him, if he should be forced to attend his 
duty at Burlington and therefore desired I would dis- 
pence with his attendance for ten days, to which I 
answered, that ten days could break noe squares, 
beca'iise it would be near ten days before we should 
enter upon businesse, therefore I would not differ with 
him for that, and I went to Burlington at the time 
appointed, but m' Morris did not come, till after three 
weeks, before which the House of Representatives had 
passed the Bill for the Revenue, and it had had one 
reading in the Coimcill, however I would not differ 
with him for a few days, in hopes he would be as good 
as his word, but instead of that after the Bill had been 
read twice, and was committed to a Committee of the 
Councill, m' Morris did what he could to make that Act 
miscarry by offering such amendments to it, as he 
knew the house of Representatives would never agree 
to, notwithstanding I had desired him perticularly, to 
give what dispatch he could to that Act, because of 
the season of the year, which was so farr advanced, 
that we were in great danger of being frozen up; Cap- 
tain Bowne and some othei-s of the Grentlemen of her 
Maiestys Councill, having told me of M' Morris's obsti- 
nacy, and he coming immediately into my lodgings, I 
asked why he would give any interruption to that Act, 
which he knew to be soe unnecessary, [necessary?] and 
which he had soe faithfully promised me to forward, to 
the utmost of his power, he told me had very good rea- 
sons for what he did, that he had calculated what the 



1706] . LORD CORXBURY's ADMINI8TRATI0X. 77 

occasions of the Gouvemment would require, and that 
two thousand pounds would not suflRce, I told him that 
I looked upon that to be only a pretence to loose the Bill, 
and desired him not to insist upon anything of that 
nature, but that he would meet at the Committee the 
next morning pursuant to their Adioumment, and 
dispatch the Bill, but instead of that, the next day he 
went to Philadelphia without taking any notice of me, 
or asking leave, though he was going out of the Prov- 
ince, however I was not willing to take advantage of 
that, hoping he might come to his sences again, and 
therefore I did stay to the last day, that the Councill 
sate, but he never thought fit to attend his duty in 
Councill, though he was returned from Philadelphia 
four, or five days, before I left Burlington, but when 
he was asked how he came not to come to me, he 
answered he vallued not the Gouvernor of a farthing, 
soe whan I was going to dismisse the Coimcill I did 
again suspend m' Morris from his place in the Councill 
till her Maiesty's pleasure might be known, and I hope 
the Queen will be pleased to confirm that suspension, 
and that he may be dismissed from being a member of 
that boaixl, and a better man put in his stead, for I am 
well satisfied, he will always obstruct the Queen's 
service, and indeed he has soe intirely given himself 
up, to the Interest of the Proprietoi-s, that he can see 
with no other eyes but theirs, and I can not say that 
they have always pui'sued the Interest of the Crowne; 
M' Morris is one of those who have endeavoured to 
possesse the people here, that they have aright to have 
Genei'all Assemblys, and that the Assemblys in these 
Collonys, have the* same Priviledges, Powei^s, and 
Authority 8 as the House of C-ommons in England, he 
must not deny this, for he said it to me severall times, 
and said that the people here were English men, and 
were intituled to all the Priviledges of English men, 
and that if the Queen would not allow them to send 



78 LORD cornbuby's administration. [1705 

Members to represent these Collonys in the House of 
Commons in England, it was highly reasonable they 
should have Assemblys of their own, and that they 
were to be Gk>uvemed by Laws of their making; 
indeed I have as often answered him, that he was mis- 
taken, that the Assemblys which have been held here, 
in these parts, are purely by favour of the Crowne, 
that I look upon their Power of making Laws, as 
intended to be noe more than what every Corporation 
in England has, that is, to make Bylaws for the well 
gouverning of that Corporation, this offended m' Mor- 
ris very much, and indeed if it were his opinion alone, 
I should not regard it, but it is the opinion of many 
people in the Provinces of New York, and New Jersey, 
espetialy to the East end of Long Island, where they 
are generally Commonwealths men, this opinion can 
tend to nothing, but the diminishing the Authority of 
the Queen in these parts, which I hope will not be 
suffered, this Gentleman has not been contented with 
spreading this doctrine as much as he can in New Jer- 
sey, but endeavours to incourage it in this Province, 
where it has already taken root, he is now soliciting to 
get himself chosen for the County of West Chester for 
an Assembly which I intend to call in few days, I 
hope he will not succeed, because I am well satisfied 
his intention is not good. I did formerly take the 
Uberty to recommend to your Lordshipps, Collonell 
Townley, and M' Daniell Cox, to be of her Maiestys 
Councill of New Jersey, in the room of M' Edward 
Hunlock, and M' Samuel Leonard, who were dead, 
before I received the honour of her Maiesty's Commis- 
sion for that Gouvernment, since that time, one M^ 
Samuell Walker, who was alsoe one of the Coimcill is 
dead, soe that now there are three vacancies in the 
Councill, which I humbly intreat your Lordshipps may 
be filled by Collonell Richard Townley, M' Daniel Coxe, 
and M' Roger Mompesson, whom I have appointed to 



1705] LORD cornbury's administration. T*j 

be Chief Justice of New Jersey, till the Queen's 
pleasure may be knowne, and I desire you will be 
pleased to recomend him to the Queen to be confirmed 
in that place, he is very proper for it, and has brought 
the Supreame Court in this Province of New York into 
very good Order, and I don't question but he will doe 
the same in New Jersey, I farther intreat your Lord- 
shipps, that I may have a Statute book sent me for 
this Province of New York, and another for New Jer- 
sey, to remain with the Clerk of the Councill of each 
Province, there is indeed a great necessity of this, 
because there are often pleadings before the Councill, 
where the Lawyers take the Uberty of quoting Acts of 
Parliament of England falsely, which they think they 
may the more freely doe, because they know there is 
noe Statute book belonging to the Gouvernment; I 
desire you will be pleased to intercede with her Maiesty 
that I may have a gi-eat seale for the Province of New 
Jersey, I am at a mighty losse for want of one, there 
have been two barbarous murders committed lately, 
one by a woman who joined with a man to murder her 
husband, the other of another woman who murdered 
her own Child, the Coimtry was veiy desirous to have 
these two people tryed as soon as possible, because 
there are no Goals sufficient to keep Criminalls in, and 
indeed I would have Issued a s^x^cial Commission for 
the Tryall of them, but for want of a seale I could not; 
I nmst likewise beg yom* Lordshipps directions in some 
mattei*s relating to the GouveiTiment, and perticularly 
with respect to fines, forfeitures, and Escheats, which 
some of the Proprietors upon the place, i)retend to say 
the Queen has nothing to doe withall, but that they 
belong to the Proprietors, however till I receive your 
commands in that matter, I hav(» taken care, wh(»re 
any thing of that nature has hapned, to have secured 
for the Queen: there is likewise a thing called horse 
hunting, the woods an* full of wild horses; in tlu* 



80 LOBD CORXBURT'S ADMINISTRATION. [1705 

province of New York, the (Jouvemor of New York 
appoints a Ranger Generall, who deputes persons under 
him for every County to take care of all such horses as 
are taken up wild in the woods, and I have appointed 
one in New Jersey but the Proprietors here say it is 
their Right, soe I would not let the person I had named 
proceed, tiU I had received your Lordshipps directions, 
which I intreat I may have; thus I have acquainted 
you with what relates to New Jersey, I take the liberty 
to acquaint your Lordshipps that in 7*'*'^ last I went 
downe the River DeLaware as low as Salem, which is 
the lowest County but one on the Jersey side, towards 
the Capes of Delaware River, and is seaventy three 
miles below Burlington, there is a pretty little towne 
built there called Salem, which is capable of being 
made a good place for Trade, there being a Creek there, 
in which there is no lesse than fifteen foot water at 
Low water, soe capable of receiving good ships; I did 
intend to have gone downe as fair as the Capes, but 
the North West Winds began to set in, and I being but 
in a small boat, thought it not proper to venture for 
fear of being blown out to sea, which often happens at 
that time of the year, but I intend (God willing) to goe 
downe this Spring, because I am willing to give the 
Queen the best account I can of all the parts of those 
Gouvernments she has been pleased to honour me with 
the Gouvernment of; I am with great respect 

My Lords 

Your Loi'dshipps most 
faithfull & very humble servant 

CORNBURY 

I had almost forgot to observe to your Lordshipps 
some of the inconveniencys that may attend one of 
the Instructions I received from her Maiesty relating 
to the Gouvemment of New Jersey, and that is the 
37*** clause in which I am directed not to suffer any 
persons besides the Generall Proprietors, or their 



1705] LOKD COBNBURYS ADMINISTRATION. 81 

Agents, to purchase Land from the Indians; now I 
conceive that this will be a means to hinder the Coun- 
try from being cleared, and peopled soe soon as it 
would otherwise be, for the Proprietors will not sell 
any Land but at certain rates, which they who live in 
the Province have agi*eed among themselves, shall be 
the Price, and under such quit rents as they think fit, 
soe that severall people who would settle in New Jer- 
sey, goe over into Pensilvania and settle there; I am of 
opinion that if a certain Quit Rent were fixed to be paid 
to the Proprietors for every hundred acres of Land, 
and soe for a greater, or lesser quantity, and that the 
Grouvemor for the time being, may be at liberty to 
grant hcences to any person who has a mind to pur- 
chase fi-om the Indians, it can be noe preiudice to the 
Proprietors, but will be a means to people the Country 
much sooner; 



Petition of the West Jersey Propi^ietors to the Lords 
of Trade^ relating to Lord Combury^s proceedings. 

IFrom P. R. O. B. T., New Jersey, Vol. 1, B,8.) 

Petition of Mr Dockmenic &cf relating to the 
Lord Comburys having acted contrary to 
his Instructions in sev? particulars; & pray- 
ing for a Copy of the whole Instructions. 

To THE R7 HON"^* THE LORDS Com'ISSIONERS FOR 

Trade and Plantations. 

The humble Pet'con of the Proprief:" of the Wes- 
tern Division of New Jersey in America. 

Sheweth 

That your PetT* having made a Surrender of the 
Grovemment of West Jersey upon Conditions which 
yo^ Lord^' were pleas'd to Assure them should be kept 
G 



82 LORD C0BNBURY*8 ADMINISTRATION. [1706 

inviolable; and to that end be inserted in the Instruc- 
tions of the Queens Govemf for the time being, they 
have received information from theu* Agents in Jersey 
that the Lord Combury has Acted in severall particu- 
lars contrary to those Conditions, and to yom* Pet? 
great Detriment, But they being unable to di-aw up 
a proper Charge without a Copy of the Instructions 
themselves. 

The Pet? humbly pray that your L^^p" will be pleas'd 
to grant them a Copy of the whole Instructions. 

Jn^ Bridges Tho Lane 

Rob Michel Paul Doeminique 

Jos: Brooksbanke E. RicmER 

Tho Skinner John WHrriNo 

John Norton Fra: Michel 



Memorial of Daniel Coxe, Jun'', William DocJchtq, 
aiid Peter Sorimans, to the Lords of Trade, 

(From P. R. O. B. T., New Jeney, Vol. 1, B. ».] 

A Memorial from Mf Cox, & M'Dockwra, relat- 
ing to New Jersey, and the Election of 
Members &c 

To the right honourable the Lords Commissi? for 
FOREiGNE Trade and Plantations. 

The Memonal of Daniel Cox Jun^ William Dock- 
ivra and Peter SonmanSy in relation to the Province 
of Nova Ccesarea or New Jersey in America. 

Your Lordshipps having been pleas'd to favour us 
with Extracts of sundry Letters from and Instructions 
to his Excellency The Lord Combury, we have perused 
the same and begg Leave humbly to represent to yo' 
Ld'ps 



1705] LORD cornbury's admikistratiox. 83 

That his Excellencies report in his Letter dated the 
flfourth of November 1704 relating to the Quakers in 
West Jersey and his opinion thereupon, seems to be 
Just, reasonable and well grounded Not only for the 
Reasons his Ld'p mentions in his said Letters: But 
also for the following, (viz:) 

1^ Because it can never be expected the Militia or 
Revenue for Suppoi-t thereof or of the Government, 
Should ever be Settled while the Quakei-s are in Coun 
ciU or Assembly their very principles militating against 
such Establishment. 

2***^ Because whilst they are so far encourag'd as to 
be admitted in the Coimcill and other pubUck places 
and Employments they awe and frighten many by 
their power and authority who would otherwise leave 
that pei'swasion and come over to the Christian 
Chiu-ch. 

3*^ Because refusing to pay Tythes on pretence of 
Conscience they will consequently oppose and obstmct 
the passing any Act in favour of the said Church or its 
Settlement as far as in them lyes. 

4*^ Because Quakers ai^e not allowed or admitted into 
publick OflSces or Employm^ (as we are inform'd) in 
any other branch of the whole EngUsh Empire the 
proprietary Government of Pennsilvania only ex- 
cepted. 

5'^ Because the Information given for the ground 
and reason of yor Lord'*' incerting that Article in the 
Lord Cornbury's Instructions to admitt Quakers into 
publick Offices and Employments manifestly appears 
to be as false as 'tis scandalous, there being more than 
a sufficient number of people fitly and duly qualified 
to serve the Countrj^ in any pubhck Station or Employ 
whatsoever in either Division as is evident from my 
Lord Combiu^y's Letters and paper of Daniel Leeds, 
formerly deUver'd to yo"^ Loi'dshipps by M"" Cox and the 
testimony of diverse Gentlemen now in England. 



'84 LOAD CORKBURT'S ADMIKI8TBATI0K. [1705 

Wherefore we hope your Lordshipps will be pleasd 
to concur with his Excellency The Lord Combury and 
represent this matter to her Maj"" for her directions 
that the Quakers may be excluded from the CounciU, 
the Gteneral Assembly (and all other places of publick 
trust in the said Province. 

That we are entirely convinct his Lordshipps objec- 
tions in his Letter dated the Fourteenth of Jan? 17C^ to 
that part of the Constitution lately establisht by your 
Lordshipps relating to the Election of members of the 
General Assembly as to the Qualifications of the 
Electors & elected, the former of whom your Lord- 
shipps required to have an hundred Acres of Freehold 
Lands and the latter to have a thousand acres of Free- 
hold Lands in their own respective rights, together 
with the manner of choosing them viZ; all in one 
County, are just and true in fact and conceive un- 
answerable. We therefore pray your Lordshipps 
would be pleasd to alter that part of his Excellency's 
Listructions in such manner that all the Lihabitants 
being Freeholders may have full Liberty to choose 
such persons as they think fittest to Serve her Ma^/" 
and the Country, and that there may be two elected for 
and in each County of the Eastern division. But be- 
cause there is one County more in the Eastern than in 
the Western division and consequently there will be a 
Superiority of Members of the General Assembly in 
one division more than y' other. We humbly pray 
some Care may be taken for keeping up the equality 
of Members for each Division. 

That the Bill mentioned by his Excellency as prepard 
and Sent over is to full of incoherencies and attended 
with Such inxjonveniencies as may tend to the detri- 
ment, if not utter mine, of many families; So y' we 
have reason to rejoice it did not pass into an Act; but 
because it may be very just and necessary a BiU should 
be past whereby the Right and Property of the General 



1705] LORD cobnbubt's admin^isteation^. 86 

proprietors, and all other Purchases of Land in y? s'd 
province may be confirmd to them according to their 
respective rights and titles together with all.Qnitt- 
Bents and all other priviledges, as are exprest in their 
Severall Conveyances, (except only the right of Gov- 
emm.* ) We would begg leave to present y o' Ld^p* with 
the draught of such a Bill to be perusd and approv'd 
by yo*" Ld'ps and afterwards recomended to the General 
Assembly. 

And Whereas we are assurd yo' Ld^' have been in- 
f orm'd of the two Vacancy's in the Councill of New 
Jersey by the death of Ed. — Hunlock late for the Wes- 
tern and Sam: Leonard for the Eastern Division. We 
humbly pray yo' Ld^' to reco'mend two Such persons 
to her Ma*s* as in yor lA^ Judgm? shall be best quali- 
fyd to Serve in y^ Station, and by her Maj'l!" great 
Wisdome and favour may be appointed to fill up the 
s'd vacancies, which would be the more necessary if 
yo' Lordshipps shall think fitt to represent to her 
Maj"' that the Quakers may be excluded from the 
Councill the Assembly and all other places of publick 
trust. 
[Rec'd 5 April 1705.] Peter Sonmans. 

w.dockwra. 

Dan Coxe Jun? 



Memorial of the Proprietors of West Jersey to the 
Lords of Trade ^ complaining of Lord Combury 
and a^sking for the restoration of Lewis Morris 
to the Council. 

[From P. R. O. B. T. New Jersey, Vol. 1, B. 17. | 

Mem" of the Proprietors of the Western Divi- 
sion of the Province of New Jersey, relating 
to the Lord Cornburys not haveing com- 



ftC) LORD CORXBURY^S ADMIXISTRATIOX. [1705 

plyed with his Instruct* for that Grovern- 
ment, And desiring that M' Morris may be 
restored to his place in the Council. Reed : 
1"* Sep"^ 1705. 

To THE RT H0N"V« THE LORDS Com'ISSIONERS FOR 

Trade and Plantations. 

The Humble Memoriall of y® Propriet"? of the 
Western Division of the Province of New 
Jersey in America 

We humbly acknowledge yom* Lordships gi'eat Just- 
ice in making the terms of our SuiTender of Gov- 
ernment, as part of the Loi-d Comburys Instructions 
I'elating to the said Province ; and heai-tily wish his 
Excellency had given us occasion of Acknowledging 
his due Observation of the Instmctions, instead of 
troubUng your LordP" with a complaint of his breach 
of them, which we ai'e fully assur'd from Undoubted 
Testimony s his Excellency has made in the following 
Instances ; And tho he endeav'.* to palliate his proceed- 
ings there by frequently and publickly asserting that 
yo' LordP* consented to noe terms upon our Surrender, 
yet were that as great a truth, as It is a mistake, and 
those Instructions had been only of grace and fav*^, we 
Conceive him to be obUg'd, and our seh es intituled to 
his punctuall Obsei'vance of them. 

It is one of the terms Consented to bv Yo' Loid^', 
and one of his Excellency's Instnu'tions from yom- 
Loid»'% that the GeneitiU Assembly shall consist of four 
and Twenty Representatives, Two to be chosen by tho 
Inhabitants Householdei-s of the Citv or ToAvn of Perth 
Amboy. Two by the Inhabitants householdei*s of the 
City or Town of BurUngton, Ten to be Chosen by the 
Freeholdei's of the Eastern, and Ten by the Freehold- 
ers of the Western Division : In which Elections evei-v 



1706] LORD CORNBURY'S ADMIXISTRAtlOX. 87 

Ellector is to have one hundred acres of Freehold 
Lands in his own Right within the Division for which 
he shall choose, and every pei-son Elected is to have 
one Thousand a^res of Freehold Lands in his own 
Right within the Division for which he shall be 
chosen.* 

This Listruction which we relyed on as the Chief 
Security of our Estates in that pix)vince, his Excel- 
lency has not only violated, but has totally destroyed 
that part of our Constitution, and in such a manner as 
will render all Assemblys a mere piece of formality, 
and only y* Tools of a Govern" Arbitrary pleasure For 
setting which proceeding in a due Light, We must 
crave leave to lay before yor Lord*?* the Account we 
have received of It from our Agent and other reputa. 
ble pei^sons of that Province. 

An Assembly having been called and Chosen in the 
year 1703 pursuant to yom* Lord^" Instnictions, pi^e- 
pared Bills for settling the Rights of the Proprietoi's 
and Planters, and for i-aising a Revenue of Thirteen 
hundred Pounds p. Annu for three years (which 
they knew was the utmost the Comity could bear) for 
the support of the Government ; but his Excellency 
requiring a greater su'me, severall pei-sons our constant 
Enemys and Invaders of our propertys, and who 
therefore opposed the Bill for Settling our Rights, un - 
dertook to procure an Assembly more Obedient to his 
Excellencys Demands ; and by that, and other Argu- 
ments which out of Regard to his Hon."" we choose to 
waive the mention of, prevaild uiK)n him to dissolve 
that Assembly, and to call another to sit in November 
last. The writs were issued, and the Elections directed 
to l)e made, in such hast, that in one of the writs the 
Quahfications of the pei'sons to be electc^d was omitted, 
and the Sheriff of one County not sworn till Thi'ee 
days before the Election, and many of the Towiies had 
not any (much less due) notice of the day of Election, 



88 LORD CORNBUBY's ADMINISTRATION. [1705 

But passing by these, and.many other illegall Artifices 
usd by those Undertakers to obtaine an Assembly to 
their own humf Wee shall insist only upone one 
Grand instance, which is not to be paralelled in any of 
her Ma*?' Plantations, and could not have been attempt- 
ed without his Excellencys encouragement nor put in 
practice without his Concurrence. 

When this Assembly was mett and attended his 
Excellency in Councill in order to be sworn, m^ Revell 
and mr Leeds (two of the Gk>vem'* Councill, and of the 
Undertakers to procure such an Assembly as they had 
promisd) Suspecting the strength of their party, Ob- 
jected against Three of the Members retum'd, as per- 
sons not having each One Thousand acres of Land, and 
therefore Unqualifyed to serve in the Assembly, 
Though these persons had such estates in Land, and 
were generally known to have So, and at the time of 
their Election had convinc'd Revell & Leeds who 
oppos'd them under that pretence, of the Truth of It, 
and this objection was not Examinable or determin- 
able by his Excellency, or his Councill, or otherwise 
than in the house of Representatives, who are the only 
proper Judges of their own Members : yet his Excel- 
lency upon this bare suggestion of Revell and Leeds, 
refusd to swear those Members, and excluded them 
from sitting to serve their Country. This Attempt 
was Seconded by another trick of Revell and Leeds, 
who im'ediately sent the following note to the House 
of Representatives. 

To the Hon^'* the house of Representatives 

GentT 

We Underwritten supposing we had good reason to 
charge three of the persons Returned to sen'-e as 
Representatives in this Generall Assembly, but upon 
due Consideration find it difficult to come to a true 



1705] LORD CORNBURY's administration. 89 

determination thereof Untill we can by further enquiry 
find the truth of what we have been infoiind of ; 
Wee therefore humbly desire ffourteen days time 
further that we may be able more fully to Inform this 
house therein, which we humbly suppose at present 
cannot reasonably be expected from us. Wee sub- 
scribe ourselves your humble Supplyants. 
Novembr 14^ 1704. Tho Revell 

Dan: Leeds 

The Countys for which they were chosen to sei've, 
Expressd a great dissatisfaction at the Exclusion of 
their Members, and these and se verall other Rep'sent 
atives deUvered an Addresse to his Excellency for 
having them admitted to their Right, which mett 
with noe other Reception, than being called a piece of 
Insolence, and 111 manners. 

By this Exclusion of three Members, and the Con- 
tempt of the Addresse for their admission, the Under- 
takers gain-d a Majority by one in the House of 
Representatives, who adjoximed the Hearing of this 
Case untill they had reap'd the fruits of their Iniquity, 
and Accomplished the ends for which It was contrivd. 
For whilst this Case was depending, a Bill for taking 
away the Qualifications of the Elecf^ and the Elected, 
and placing the Right of Choosing and being Chosen 
in the Freeholders Gtenerally, without any expresse 
value of their Estates, was prepar'd and pass'd, wherein 
there is this Remarkable and self -condemning declara- 
tion of his Excellencys proceedings viz* that the Re- 
presentatives met in Gtenerall Assemblys are, and 
shall be the Judges of the Qualifications of their own 
Members. 

After this, and one other Act which we shall here- 
after take notice of in Its proper place, were passd, a 
Day of Hearing was allowed to the three Excluded 
Membere, and notice of It given to Revell and 
Leeds, who would not vouch safe to Appear, but hav- 



90 LOBD COBNBURT'S ADMINIBTRATIOy. [1705 

ing allready obtaind their ends, graciously Signifyed 
by a Message their mistake in their Objection to those 
Members. 

The House proceeded in the Enquiry, and by Deeds, 
and other Authentick proofs was soe fully satisf yed of 
the Estates of those Excluded Members, and that Re- 
vell and Leeds had been convinced thereof at the 
time of their Elections ; that the House unanimously 
declard them duly qualifyed, and sent two of their 
Body to acquaint his Excellency of It, and to pray 
they might be sworn. But his Excellency (whether 
out of a desire of Assuming the glory of this Arbitrary 
proceeding wholly to himself e, or of making the Coun- 
try sensible that notwithstanding the act soe lately 
passd declaring the House Judges of their own Mem- 
bers, he was resolved to Exercise that power for the 
future, or for what other reason we know not) told those 
Mesengers He must be satisf yed of their Qualifications 
as well as the House, and still keeps them out of the 
Assembly. 

This We conceive to be an Assuming a Negative 
Voice to the Freeholders election of their Representa- 
tives, and such an Invasion of the Rights of the As- 
sembly, as will, if tolerated or connivd at, place the 
whole Legislature in the Governf for if he can at his 
pleasure reject Three Representatives, he may reject 
All, and make what Laws he thinks fit without the 
formality of an Assembly. 

But if this Notorious Violation of or Constitution 
had not been made by him, and the Assembly had 
consisted of Its full proportion of duely Elected Mem- 
bers, We conceive, and are advisd, that his Excellency 
had noe authority, nor any probable Coir from his 
Instructions for passing this Act ; For though the 
Instruction relating to the election of Grenerall Assem- 
blys, allows an Alteration by Act of Assembly of the 
Number of the Representatives, and the manner of 



1705] LORD CORNBURY'iS ADMINISTRATIOX. 91 

their being elected ; It leaves noe power to the Gener- 
all Assembly to alter the Qualifications of the Electors, 
or Elected, which was intended to be a standing and 
unalterable part of the Constitution, as most agreeable 
to y* Constitution of England, where the Elect" of 
Knights for the Countys must have a certain fix'd 
freehold and the elected are generally the princpall 
landed men of their respective Countys. But y* 
Alteration now made ^as intended to put the election 
of Representatives into the meanest of the people who 
being impatient of any Superi", will never fail to 
choose such from amongst themselves, as may oppose 
us, and destroy our Rights. 

It is another term of our Surrendei, and an Instruc- 
tion to his Excellency, that noe Act should be made to 
lay any Tax upon unprofitable Lands. 

But his Excellency has encomaged, and Assented 
to a Bill in this last Assembly, for taxing (without 
distinction,) All lands belonging to the Inhabitants 
there, and to all others not Inhabiting there, who have 
settled any Plantations either by Tenants, Servants or 
Negroes, It is objection enough to this Act that there 
is no other Colony in America wherein Uncultivated 
Lands are tax'd, and As this Act was intended, soe 
none more effectuall could have been contriv'd, to 
prejudice the Country in Generall, or the propriet'" in 
particular. For if any man who has a thousand or 
more acres of Land which he can neither Manui'e, nor 
Sell, (as most of the first Plantei^s have) he must pay 
a Tax for this Land which may eat up the gieatest 
part of tht» profit of what he can, and does cultivate ; 
or he must desert the whole ; and if we who have 
groat tracts of Lands of many Thousand acres to sell ; 
r^tt or settle but a few acres to maintaine our Agents, 
or Servants, we must pay a tax for all y'' Residue 
which yields us notliing. In (consequence of this Act 
severall persons who had agi-eed with oui' Agent for 



92 LORD CORNBURY'S ADMINISTRATION. 111106 

Lands, have renounced their bargaines, and removed 
into other Countrys, where they can purchase great 
Tracts of Land, and preserve them for their posterity 
to settle on ; and we unlesse reUev'd from this Oppres- 
sion, must deUver up our Lands, or our purses. 

This Tax is imposd by the Act passd in the Assem- 
bly for raising a Revenue of Two Thousand Pounds 
p. Ann for two years for the Support of her Maj*^" 
Government within that Province. And we have 
great reason to beUeve It to be part of the Return 
promisd by the Undertakers to his Excellency for his 
dissolving the former Assembly, and curtailing the 
Last of Three Members. 

It is another term of our Surrender, and an Instruc- 
tion to his Excellency, that the Survey" and other per- 
sons appointed by us for Surveying and recording the 
Surveys of Lands granted and sold by us, shall be per- 
mitted to execute their respective Trusts. 

But his Excellency has taken upon him even contraiy 
to the advice of his Councill, to appoint Fees for pat- 
enting Lands, which has created an Opinion in the 
People that the power of granting Lands is in him, 
has lessend the Credit of our Title to the Lands, and 
encourages the Planters to dispute our Right. 

His Excellency has ordered All Publick Books, 
Records and Papers to be deUvered by our Late Secre- 
tary to M' Basse our Great Debtr and therefore our 
Avowed Enemy, and has carryed our Records of Deeds 
and Conveyances out of the Province. 

By this method the Propriety of both Divisions are 
deprived of all meanes to justify their past administra- 
tion, of the Evidences of their Grants of Lands to the 
purchasers under them, (All the Surveys and Patents 
being recorded in those Books) and will destroy the 
oflBce of our Register, or at least will disable him to 
perform his Duty in some Cases which by Acts of Gen- 
erall Assembly he is obligd to. 



1705] LORD CORNBURY*S ADMIX18TRATI0X. 93 

It is a further term of our Surrender, and Instruction 
to his Excellency that all officers be Appointed by ad- 
vice of the Councill. 

But his Excellency has constituted severall OflBcers 
without such advice, and particularly a Sheriflf of Bur- 
lington, who was therefore suspended by order of 
Councill, and yet continued to act under his Lord^' 
Appointment, 

We are further informed that his Excellency hath 
put severall mean and Contemptible persons into the 
Com'ission of the peace, particularly one Salter, whom 
he knew to be under prosecution for felony, and has 
given Com'issions in the MiUtia to others who have no 
Estate in the Province, and therefore are not like to be 
zealous in the defence of It 

It is a matter of some wonder to us, that after so 
many Acts of Despotick power, his Excellency did not 
Assimie to himselfe, or obtaine from the last Assembly, 
an Authority of Licencing any persons to purchase 
Lands from the Indians ; but Condescends to Apply to 
yor Lord*".* for an Alteration of his Instructions in that 
particular. There wants only the breach of this In- 
struction, to Compleat the Ruin of our Interests in 
New Jersey, and we humbly hope yo' Lord^" will not 
enable him to give that finishing Stroke. 

This Instruction founded upon the Right which y' 
Crown of England Claimes by the Law of Nations to 
all Country's discovered by EngUsh Subjects, was in- 
tended to Assert that Right, against the pretences of 
many Planters, who set up the Indians Title in Com- 
petition with It, and if that Right be taken from the 
Grantees of the Crown, All Patents and Grants of the 
whole maine Land of North America have been only 
Royall Frauds under the Sanction of the Great Seal of 
England and noe man will ever after puix^hase lands 
under that Title. 

His Excellency was lately soe fully satisfyed of the 



94 LORD cornbury's administration. [1705 

Policy and reasonableness of assorting this Right to 
the Crown, and its Grantees, that in the year 1703. he 
recom'ended, and Assented to an Act of Assembly for 
restraining all persons besides the propriet", from 
purchasing Lands of the Indians, under great penal- 
tys, and for vacating all such purchases formerly 
made unlesse the purchasers took a fresh Grant from 
the Propriet", of which Act we humbly pray yo' Lord**' 
perusall. 

We are purchasers for ready money under a Grant 
from King Charles the Second, and are willing to sell 
our Lands and the Indians Title to It, at reasonable 
rates, according to the goodness of their Soyle, and 
Scituation t and ought not to be Compelled to accept 
a Quit-Rent (much lesse a Quitt-Rent to be set by 
other persons than our selves, as his Excellency pro- 
poses) instead of Selling for ready money nor ought 
our Properties to be at the disposall of a Govemf, 'Tis 
not the want of a power in the Planters to purchase 
Lands from the Indians, but the taxing of uncultivated 
Lands, & over turning the Constitution for Assembly 
men, that has occasion'd those persons mentioned by 
his Excellency, to remove to Pensilvania and other 
Colonys 

May It Please yo^ Lord^ 

The Usage we have received from his Excellency is 
soe Contrary to the terms of our Surrender of Govern- 
ment, to the Assurances we had from your Lord^" of 
the due observance of them, and to the plain Instruc- 
tions given by yo' Lord^* to his Excellency, that We 
humbly hope It will not be thought any im'odesty or 
want of Duty in us to protest, as we doe protest, 
against all the proceedings of the last Assembly, 
wherein by the Arbitrary Exclusion of three member 
without any just Exception, the Country was not 
duely rep'sent^ ; and to beg your Lord^" intercession 
with her Maj*'', that the Acts passd in that Assembly 
may not be confirmed by her Royall Assent. 



1705] LORD COfeNBURY'S ADMINISTRATION. 95 

We further pray, that Coll Lewis Morris who has 
been a Second time Suspended from his place in Coun- 
cill by his Excellency, only for using the Freedom 
which every Member of the Councill is intitled to, and 
ought to Exercise, of Opposing any Bill brought bef oi'e 
them, if he conceives It prejudiciall to the Interest 
either of the Country in Generall or of any Particular 
persons, may be restored, and that your Lord^" will 
please, to place in the Eoomes of such as are dead, 
some of the persons following, viz* mr Miles Foster, 
Mr Richard Townley, M' Hugh Hoddy, Mr William 
Hall and M' John Harrison who are men of known 
Integrity and Estates, and as a further security of our 
EJstates there and that no persons may at any time be 
admitted of the Govern" Councill or to be in the 
Commission of the peace or of the MiUtia but such who 
have Reall Estates in the province Suitable to their 
Stations and who reside there. 

[April 17*^ 1705] Tho Lane 

E. Richier Paul Doeminique 

Tho Skinner Jn** Bridges. 

Richard Greenaway Rob Michel 
Jos: Collyer Tho. Burrow. 

Cha' Michel Jr Fra'. Michel ' 

Jos Mickelthwait. Eben' Jones 

Tho Lewes Jos: Brooksbank 

W? SneUig Jn° Norton 

Michael Watts Jo? Bennett 



96 LORD CORNBURY's ADMINI8TRATI0X. [1706 



Additional Instruction to Lord Cornhury. 

(From P. R. O. B. T. New Jersey, No. 12, p. 190. | 

Representation with Draught of Additional 
Instruction to the Lord Combury, relating 
to the Government of New Jersey. 

To the Queen's most Exoell^ Majesty. 

May it please Your Majesty; 

Having received Letters from the Lord Combury, 
Your Majesty's Governor of New Jersey, Representing 
to Us several Particulars wherein Your Majesty's Ser- 
vice may require some Alterations in Your Majesty's 
former Instructions to his Lordship, and having heard 
the Persons concerned in the Propriety of that Coun- 
try; We herewith humbly present to Your Majesty, 
the Draught of an Additional Instruction to the Lord 
Combury, Which We humbly conceive will very much 
conduce to the better Settlement of that Province. 
Which is most humbly Submitted. 

Dartmouth. 

Ph: Meadows. 
Whitehall, April 20*? 1Y05. W" Blathwayt. 

j"/* pollexfen. 

Matt; Prior. 



Additional Instruction to the Lord Combuiy, 
Enclosed in the foregoing Representation. 

Additional Instructions' to our Right Trusty and 
Wellbeloved Edward Loixi Cornbmy, our Capt" Gen- 
eral and Governor in Chief in & over Our Province of 



Printed in 8mith*g Hiitory of New Jenwy, p. 886.— Ed. 



1705] LORD COUXBURY*S ADMINIStRATIOl^. 9? 

Nova Caesarea or New-Jereev in America: Given at 
our Covirt at S^ James's the 3^ Day of May 1705. In 
the Fourth Year of Our Reign. 

Whereas by a Clause in Our General Instructions 
to You for the Government of Our Province of New- 
Jersey, the Representatives for the General Assembly 
of that Province are appointed to be Chosen as follows, 
viz^ Two by the Inhabitaiits, Housholders of the City 
or Town of Pei-th Amboy in East New- Jersey, Two by 
the Inhabitants, Housholders of the City and Town of 
BridUngton in West New- Jersey; Ten by the Free- 
holders of East New-Jersey, and Ten by the Freehold- 
era of West-New -Jersey; and it having been Repre- 
sented to Us by You Our Governor, that several 
Inconveniences have arisen from the foresaid Manner 
of Choosing Representatives; It is our Will and 
Pleasure, and you are accordingly to make the same 
known in the most publick manner, that the Method 
of Choosing Representatives for y"^ future, be as fol- 
lows, viz* Two by the Inhabitants Housholders of the 
City or Town of Perth Amboy in East New-Jersey, 
and Two by the Freeholder of each of the five 
Counties of the said Division of East New- Jersey : Two 
by the Inhabitants Housholdei-s of the City or Town 
of Bridlington in West New Jersey. Two by the 
Inhabitants Householders of the Town of Salem in the 
said Division, & Two by the Freeholdei-s of each of the 
Fom- Counties in the said Division of West New Jer- 
sey; which Pereons so to be Chosen make up together 
the Number of Twenty-Fom' Representatives, as limit- 
ed by Our former Insti-uctions. And it is Our further 
Will & Pleasure that no Pei-son shall be capable of 
l)eing Elected a Representative by the Freeholdei*s of 
either Division, as aforesaid, or afterwards of Sitting 
in General Assemblies, who shall not have 100(> Acres 
of Land of an Estate of Freehold in his own Right, 
within the Division for which he shall be Chosen, or a 






98 LORD CORXBURY*S ADMINISTRATION. [l^OS 

Personal Estate in Money Goods, or Chattels to the 
Value of £500 Sterling; and all Inhabitants of Our 
said Province being so QnaUfy'd as aforesaid, are 
hereby declar'd capable of being Elected accordingly. 
And it is Ukewise Our Pleasure that no Freeholder 
shall be capable of Voting in the Election of such 
Representatives, who shall not have 100 Acres of Land 
of an Estate of Freehold in his own Right within the 
County for which he shall so Vote, or a personal Estate 
in Money, Goods or Chattels to the Value of £50 Ster- 
ling, and all Freeholders in our said Province being so 
qualify'd as aforesaid, are hereby declared capable of 
Voting in the Election of Representatives; which 
Number of Representatives shall not be enlarged or 
diminished, or the Manner of Electing them (hereby 
directed) altered there otherwise than by an Act or 
Acts of the General Assembly, to be Confiiined by the 
Approbation of Us, Our Heirs and Successors. 

And whereas it may be inconvenient that the Gov- 
ernor and Lieutenant Governor of Our said Province 
of New-Jersey be both of them absent from thence at 
the same time; It is Our Will and Pleasure, That as 
soon as the General Assembly of Our said Province 
shall have provided a House for y* Reception of you 
Our Governor, and Our Lieutenant-Governor; with a 
convenient Room for the Meeting of Our Council, and 
settled convenient Salaries, which you are in Our Name 
to press them to do; that either you or our Lieutenant- 
Governor do constantly reside in Our said Province, 
and that you be not both absent at the same time. 

It is likewise Our Will and Pleasure, That no Fees be 
exacted or taken by any of the Officers under you for 
the Grants of Lands made by the Agents of the Pro- 
prietors: and the said Agents are to deUver over to 
you in Council Duplicates of all such Grants to be 
Registred in Our Council-Books. 



9i, 



^''M. t 



^/GAH 



1705] LORD CORNBURY^S ADMINISTRATION. 99 



Letter from the Txyrds of Trade to Lord Comhury. 

[From P. R. O. B. T. New Jersey, Vol. 12, p. 107. ] 

To the Right Honourable, the Lord Viscount 
Combury, Her Majesty's Capt?" Gteneral & 
Governor in Chief of Her Majesty's Prov- 
ince of Nova CaBsarea or New-Jersey in 
America ; Or to the Com'ander in Chief of 
the said Province for the time being. 

My Lord, 

We are now to answer your Lordship's Letters of 
tho 14*!' of January 1702, and the 4*^ of November last, 
relating to your Government of New- Jersey. 

We have considered what your Lordship writes 
about the Method of Chusing Assembly-Men as ap- 
pointed by your Instructions; and have laid before Her 
Majesty the Draught of an Additional Instruction for 
altering the same, which We hope will tend more to 
the Ease and Advantage of the Province. 

We agree with your Lordship, that the Bill to Settle 
and Confirm the Estates of the Proprietors, as you 
have transmitted it to Us, was unfit to be past; your 
Lordship will do well therefore upon all Occasions to 
Examine carefully all the Bills that shall be presented 
unto You, to be Passed into Acts. 

We observe what your Lordship writes about the 
Proceedings of the Assembly, in relation to the Set- 
tling of a Revenue; whereupon We must advise your 
Lordship to move the next Assembly that they settle 
the Revenue for 21 years, and in case they will not 
come up to that FoiTn, your Lordship do not accept it 
for less than Eleven Years; We think that £1500 for 



100 LORD CORNBURy's ADMINISTRATION. [1705 

the first Year, and £1000 p annu' for the succeeding 
Years may be sufficient, if disposed of as follows, viz^ 
£400 p annu' for your Salary, & traveUing Charges; 
£200 p annu' for the Salary of y* Lieutenant Governor, 
and for his travelling Charges; and the Residue for the 
contingent Charges of the Government. 

And you are to recommend to the Assembly, that in 
the Taxes to be raised, there be a due Proportion in 
the Assessments that shall be laid, as well upon those 
Lands according to their Value, as upon Personal 
Estates. 

We think, your Lordship will do well to leave the 
Determination about Elections of Representatives to 
that House, and not to intermeddle therein, otherwise 
than by Issuing of Writs for any New Election. 

And in all other Matters your Lordship is to take 
especial Care, that in the Administration of the Gov- 
ernment, all things be carry'd on in the most equitable 
& satisfactory manner to the Inhabitants of that Piov- 
ince, with regard to their separate Interests. 

And as yom* Lordship does take notice to Us, That 
some Members are Chosen into the Assembly, that are 
uncapable of Serving Her Majesty and their Country ; 
against which, Provision is now made by Her Majesty's 
Instruction by the enlarging of the necessary QuaUfi- 
cations; so We hope, your Lordship will take care on 
Yom* part, that no other Persons be Chosen Justices 
of the Peace or other Officers, but such as may be of a 
Competent Estate and Capacity for that Service. 

We are My Lord, 
Your Lordship's Most Humble Servants, 

Dartmouth. 
Ph. Meadow^s. 

Whitehall, April 20*? 1705. W** Blathwayt. 

j*** pollexfen. 
Mat. Prior. 






1705 J LORD cornbury's administration. 101 



Memorial of Wm. Dockwra, Secretary and Register 
of East Jersey, to the Lords of Trade, proposing 
Peter Sonmans to be one of the Council of New 
Jersey. 

[From P. R. O. B. T. New Jersey, Vol. 1, B. \i.\ 

Mem!* from W. Dockwra, proposing Mr Sonmans 
to be of the Council of New Jersey. 

To THE Right Honourable the Lords Commissioners 
for Foreign Trade & Plantations. 

The Metnoriall of the Com'itte of Proprietors of the 
Eastern division of the province of New Jersey in 
America. 

The said Proprietoi-s Humbly beg leave to represent 
to your liord'pps That before the Proprietor of the 
now United Province surrendered their right of Gov- 
ernment to her Majesty, among other things then 
insisted That such Agent as they should at any time 
appoint to goe over and manage their affaires in the 
said Province might always be of the Governours 
Councill, To informe the Govemour of the State of all 
matters relateing to their Lands Quit rents & other 
their Proprietary concerns that might come before 
him and to look after their Generall and particular 
Interests to defend them from wrong, w^.*' your 
Lord'pps were pleased to Judge so very Just & reason- 
able, That Collonell Morris (who the West J(»rsey 
Society had made their Agent) was admitted one of 
the Councill, but the Proprietors of the Eastern Divi- 
sion not then haveing chosen any Agent they could 
not nominate a j)erson for that Station which lost that 
present opportunity. 



102 LORD CORNBURY'S ADMINISTRATION. FlTOS 

But The said prop? sometime time after being In- 
formed by Sundry Letters from Jersey of two vacances 
in the Councill by the death of Samuel Leonard who 
had been appointed for the Easterne and Edward Hun- 
lock for the Western Division, and having constituted 
Peter Sonmans their Agent and Gen'all Attorney, Did 
severall times apply to your Lordshipps for his admis- 
sion to fill upp the vacancy of Leonards Decease, But 
your Lord'pps were pleased to deferr your Answer 
untill you Should receive Letters from his Excellency 
my Lord Cornbury — 

Your Lord'pps haveing afterwards received Lettei-s 
from my Lord Cornbury and been pleased to commu- 
nicate sundry abstracts of them to the said Proprietors 
They presented an Answer to your Lord'pps in their 
memoriall of the 5*?* of April last 1705, and therein 
againe prayed that your Lord'pps would please to 
recomend two such persons to her Majesty to fill up 
the said vacancys as in your Lord'pps would then have 
been pleased to recomend M^ Peter Sonmans as Agent 
for the Proprietors of the Eastern Division of the said 
Province— 

But the said Proprietors being since informed That 
your Lord'pps have not yet been pleased to present any 
person to fill upp the said vacancys, & that your 
Lord'pps other dispatches to his Excellency my Lord 
Cornbury are not hitherto signed by Her Majesty, pre- 
sumeing It may not be too late for the Ships now 
goemg under convoy to new York by which opportu- 
nity they are ready to dispatch M Sonmans their 
Agent 

They crave leave to Infonne your Lord'pps That it 
will be an unspeakable loss to their Affaires, if their 
said Agent be not recomended to be admitted into the 
Governours Councell, which they are the more willing 
to fiatter themselves your Lord'pps will not now deferr, 
because your Lord'pps have all along seem'd convinced 



1705] LOKD cobxbury's administration. 103 

of the Reasonablenesse of their desire, and that the 
Agent for the West Jersey Society have already 
obtained that favour. 

All which is humbly submitted to your Lord'pps by 
order of the Com'itte of Proprietors of the Eastern 
Division of New Jersey. 



May 8^? 1705 



W^ DockwRA 

Seer & Reg': 



Letter from Lord Cornbury to the Board of Trade, 

about New Jersey affairs. 

LFrom P. R. O. B. T. New York, Vol. 14 old, 1! new. X 48.] 

New York July the 8^ 1705 

My Lords 

Since my letters to your Lordshipps of the 19*** of 
f ebiniary last, which went by the way of Boston, to her ' 
Maiesty's Ship Advice, I have not had any opportunity 
of writing to your Lordshipps till now (except one 
letter which I sent by the way of Anbego) but now 
Collonell Quary, having informed me, that his affaii-s 
called him into England, I make use of this good 
opportunity, to acquaint you with what has occurred 
since my last, both in the Province of New York, and 
the Province of New Jersey. ******** 
Now I beg leave to inform your Lordshipps that with 
i-esiX5ct to the Province of New Jersey very little New 
lias hapned, since the account I gave you by her 
Maiesty's Ship Advice, Captain Morrice Commander, 
who saik^d from Piscatagua some time in Aprill last, 
in those lettei-s I acquainted you that I had adiourned 
the Assembly of New Jersey till May following, at 
which time I went to BurUngton to meet the Assembly 



i 



104: LORD CORNBURY's ADMINISTRATION. [1705 

according to adiournment, the Members of the East- 
ern Division came to Burlington, but the Members of 
the Western Division did not appear, except those who 
served for BurUngton, soe I adiourned by Proclama- 
tion for a few days, in hopes the Members would come 
up, but they did not, the Members of the Eastern 
Division grew uneasy, and presented a Petition to me, 
to desire they might have leave to return to their 
Country affairs, their attendance being to noe purpose, 
since the Members of the Western Division did not 
attend, and farther prayed that the Assembly might 
be adiourned to some more seasonable time, this Peti- 
tion being delivered to me, and being informed by very 
good hands that the reason why the Members of the 
Western Division (who are all Quakers except one, did 
not attend) was because some body had told them that 
if the Assembly did not meet, it was disolved of cpui-se, 
and they had a mind to try a new Election, to see if 
they could not get some of their friends in for the 
Eastern Division, and having waited for them upwards 
of three weeks, and the time foi* the sitting of the 
Assembly of New York drawing near, I thought it 
proper to adiourn the Assembly of that Province to the 
month of 8^" next, to sit at Amboy, at which time I 
will not fail to attend my duty there, whether they 
will come or not, I can not tell, however by the first 
opportunity that offers afterwards, I shall acquaint 
your Lordshipps with all matters that shall happen; 
In the mean time I entreat you that a Great Seale may 
sent for that Province, there having been none yet, 
for want of which many things remain undone, which 
should be done; I beg your Lordshipps opinion, and 
directions, concerning the Clause in my Instruction^, 
in which her Maiesty is pleased to direct me in tht* 
words following, (You shall alsoe propose unto the 
said Generall Assembly, and use your utmost en- 
deavour with them, that an Act be passed for raising 



1T05] LORD cornbury's administration. 105 

and setling a publick Revenue, for defraying the 
necessary charge of the Gouvernment of our said 
Province, in which provision be perticularly made for 
a competent sallary for your self as Captain Generall, 
and Gouvernor in chief of our said Province, and to 
other and succeeding Captain Generalls, for support- 
ing the dignity of the said office, as likewise due 
provision for the respective Members of our Councill, 
and Assembly, and of all all other Officers necessary 
for the Administration of that Gouvernment) — this is 
the 22** Clause of my Instructions, now what I intreat 
your Lordshipp's opinion in is, whether her Maiesty is 
pleased that the Gentlemen of her Councill should have 
fixed sallarys, and if the Members of the Assembly 
should have sallarys out of the Revenue, and I have 
two reasons which move move me to desire youi' 
opinion upon this matter, the first is because I am 
afraid it will be a means to induce the Gentlemen of 
her Maiesty's Councill for the Province of New York, 
to desire the same; whereas they have never yet had 
any such allowance, the other is because the Revenue 
will not answer it, as for the Members of Assembly in 
the Province of New York, the severall County's and 
Borroughs pay their Representatives without burthen- 
ing the lievenue with it, and with submission to your 
Lordshipps I conceive it may be ordered the same way 
in New Jersey without any preiuduce; however I shall 
observe such directions as you shall be pleased to send 
me; In the mean time I shall acquaint your Lordships 
that the Revenue is already raised for one year, 
according to the directions of the Act, and in the places 
where it falls the heaviest, it amounts to noo more 
than two pence three farthings in the j)ouud, and that 
according to the value set upon the Land in the Bill 
which is ten pounds for every hundred acres, whereas 
it is certain that Land sells in New Jei-sey from forty 
pounds, to sixty pounds for a hundred acres, soe that 



106 LORD CORNBURY'S ADMINISTRATION. [1705 

in tinith the tax does not amount to more than three 
farthings in the pound of the real Vallue, which makes 
the people very easy ; this is all I shall trouble your 
Lordshipps with at this time, soe I remain with great 
respect 

My Lords 
Your Lordshipps most faithfuU humble servant 

CORNBURY 

It is upwards of seaven months since I have heard 
one syllable from England. 



Letter from Lord Comhury to Mr, Secretary Hedges^ 

about New Jersey. 

[From New York Col. Docts., Vol. IV., p. 1155.] 

Sir New York July 15*^ 1705 

[Extract.] 
***** Now as to the Province of New Jer- 
sey 1 shall first observe that His Royal Highnesse the 
Duke of York made a grant of all that land now called 
New Jersey to my Lord Berkley and Sir George Cai-te- 
ret; they divided it into East and West Jersey, and 
after that sold it to severall persons who are now 
called the Gtenerall Proprietors; it is a large and fertile 
Country it extends from Cape May northwards above 
two hundred and fifty miles along Delaware River and 
eastwards it extends in some places fifty-four miles, in 
others upwards of sixty miles; the Elaetem Division is 
inhabited by English, Scotch and Dutch; the English 
are the most numerous, but the Scotch during the time 
of the Proprietary Gouvemment had the sole rule in 
that Division; the Western division is inhabited by 
Enghsh and a few Swedes, who live in the southern- 



1705] LORD coknbuky's administration. 107 

most parts of it; the Quakei'S are pretty numerous in 
this Division and in the time of the Proprietaiy Gouv- 
emment they had all the power in their hands, and 
used it very ai*bitrarily. There is a Church erected 
here at Biu-hngton, which I have named S* Ann's 
Church and notwithslanding that Burhngton is the 
Chief habitation of the Quakers I have seen a congi'e- 
gation of above thiee hundi-ed people at Church there. 
These two Divisions when under the Proprietary Gouv- 
emment, were two distinct Provinces, had distinct 
Assemblys, and the laws of one division were not laws 
in the other; There have for some years past been 
great disputes between those persons here, who call 
themselves Proprietoi-s, and the people; by reason 
whereof there has been noe Administration of Justice 
for at least two or thi'ee years before the Gouvemment 
was surrendered to the Queen, but now I hope a little 
time will quiet all those disputes; the Assembly of that 
Province have sat three several times, in the last of 
which they have settled a Revenue for two years, of 
two thousand pounds a year; they did passe some 
other Acts, all of which I transmitted into England by 
Her Majesty's Ship Advice. Thus I have given you a 
short account of the Province of New Jei*sey, I have 
nothing farther to trouble with, but to intreat you to 
believe that I shall always punctually observe all such 
directions as you shall favour me with, and that I am 
with very great respect 

Sir 
I have not had one line Your most faithful 

from England above humble Servant 

these s(?aven months. Cornbury. 

S- Charles Hedges. 



108 LORD CORNBURY\s ADMINlSTRATIOlf. [1705 



Attorney General Northey to the Lords of Trade, as 
to the rights of the Proprietors of New Jersey in 
' Fines, Escheats, drc. 

[From P. R. O. B. T. New Jersey, Vol. 1, B. 16.1 

Mr Attorney GrenH* Answer to a Letter writ him 
the 6 July last, relating to Fines Forfeit- 
ures & Escheats ; As also to the Power of 
appointing Rangers of Woods &c in New 
Jersey 

To THE RT HON^l-^ THE LORDS CoMM'^ FOR TRADE 

AND Plantations. 

May it please y*". Lord^.'' 

In humble Obedience to y' LordP' Commands Signi- 
fyed to me by Mr Popple Jun*" y! Secretary I have 
Considered of y'' Annexed L*".® and papers therewith 
Sent, and have perus'd yr L" patents and Surrendr 
mentioned in y"" s^ heW And am of opinion That y*' 
Fines Forfeitures and Escheats in New Jei-sey belong 
to her Ma^^ and not to the proprietors of y' Soyle of 
that Colony, For as to y*" Fines and Forfeitures for 
Offences, They were not granted to his LateMa^? King 
James 2^* when Duke of York by the L" patents 
Granted to him of y'' Jerseys and other Lands under 
w^** Grants The p'sent Proprietors Claim, And as to 
y'' Escheats The Whole Tract was Granted in ffee to 
y'- D. of York to be holden of y'' King in Co'mon Socage 
as of his Manner of East Greenwich, and y' inherit- 
ance of P^ being Granted away by y*' Assignees of y * 
Duke to other Psons in Fee, they hold of y Queen & 
not of y'' Proprietors and therefore the Escheat must 
be to her MaV 



1705] LORD cornbuey's administration. 109 

As to the Appointing of Rangers of y' Woods The 
Inheritance of those Woods being in the Proprietors 
Assignees of y' D. of York, I am of opinion The Right 
of Appointing Rangers in y'? belongs to the owners of 
those Woods and not to her Ma^? 

All w^ is most humbly Submitted to yr Loi-dP* great 
Wisdom 

Edw Northey 
Oct 19**^ 1705. 



Lieutenant-Oovemor Ingoldeshy to the Lords of Trade, 
complaining of Lord Comhury's treatment of him. 

IFrom New York Col. Docts, Vol. IV., p. 11(53.) 

To THE Right Honb^*^ the Lords Commiss^ for 
Trade and Pi^ntations 

My Lords 

I have formerly since my arrival into this part of 
the world tendred my most humble duty to your 
Lord^P' and should not have omitted doing the same 
by evry conveyance, had I not been fearful of disturb- 
ing your Ix)rd**'** more weighty affaires without having 
any matter of moment to acquaint your Lord*'*"' with 
all, for since my arrival and publication of Her 
Majestys Commissions appointing me Lieu^ Gov' of 
the Province of New Yoik and New Jei^sey, I have 
not been allowed by Mylord Combury to Act as Lieu^ 
(ioV and not having been of the Council, or l)een 
acquainted with the affaii's of either of the provinces, 
so as to give an ace! of the same unto your Lord'**"* has 
btK»n the only reason of my silence. 

I believe her Majesties intention in appointing me to 
be Lieu* Gov' of the two provinces over which Mylord 



110 LORD COBISTBUBY^S ADMINISTBilTION. [1705 

Combury is Capt° Gteneral^ was: that neither of the 
two Grovem'* should at any time be wanting of a per- 
son to take care of them, and that while Mylord Com- 
bury was in one of the Grovem^ I should be in the 
other and act according to my Commissions and such 
Instructions as I should receive from Her Majesty or 
Mylord Combury here; but I have not yet received 
any Instructions either from home or from Mylord 
Combury here to Act by. — 

About the beginning of November last His Lord? 
left the Province of New York, where I then was, and 
went to New Jersey to meet the Assembly, in a little 
time after a letter came from the f ronteers at Albany 
directed for Her Majesties service to Mylord Combury 
being sent from the Gtentlemen at Albany appointed to 
manage the Indian affairs to him, this letter having 
been dehvered to me and the Messenger that brought 
the same discoiu^ing in the Town, that several Indians 
were seen skulking about Albany and Schenectady, 
and that the people there were much frightened, and I 
being informed that that letter was sent to Mylord 
Combury, on that head, I conveened the Council, and 
took their advice concerning the matter who advised 
me to open the letter which I did in Council, and 
found a paper inclosed in Indian and Dutch which I 
immediately got translated .into Enghsh, and sent the 
same Express to Burhngton in New Jersey to His 
LordP (a copy of which and of the translation from 
the Indian and Dutch I enclose to yoiu- Lord^'P", 
together with a copy of his Lord^'s letter to me on the 
receipt thereof) by which your Lord^p** will perceive 
that Mylord Combury directs me (while he himself is 
in New Jersey) to repair thither, he having appointed 
that for my station and New York to be left without 



* See ante, pa^67, for the correspondence, a copy of which was transmitted with 
this letter.— Ed. 



1705] LORD CORNBURY^S ADMINISTRATION. Ill 

either Gov'' or Lieut* Govern^ I immediately obeyed 
his Lord?s commands and on my arrival at Burlington 
waited on his Lord? for his directions, but did not, nor 
have to this day received any instructions from him. — 

About three months since, (I having been before that 
time commanded to Burhngton by his Lord**) and then 
residing there, one of our Chief Indian Sachems, 
having travelled from this Country to Pennsylvania to 
Trade and having gott a pass from the Gov' of that 
Province to Burlington, and being arrived here he 
applyed to me for a pass to the province of New York, 
which I granted to him, of which Mylord Combury 
being acquainted, told me that I had done what I had 
no power to do that it was his prerogative only to 
grant passes, wherein I desired that his Lord^ would 
please give me Instructions, that I might know what 
I had to do, but he told me, he did not design I should 
Act at all, and that therefore he would not give me 
any instructions, adding further that when he was in 
either of His Govemm*' of New York or New Jersey 
he was in both. 

These Mylords are the only two Acts of Govern* I 
have done since my arrival here, of which I believe it 
my duty to acquaint your Lordships. 

I humbly pray that since Myloi'd Combury does not 
think fitt to give me any directions or Instructions to 
Act by as Lieut* Govemour of her Ma*^" said two 
provinces, that your Lord^'P" will be pleased to give me 
directions how I shall discharge my duty to Her 
Majesty with relation to the Commissions Her Majesty 
has been pleased to grant me the doing of which none 
shall be more ready and willing than — Mylords 

Your Lord'**** most faith full 
Burlington in New Jersey most obedient servant 
lO^*' Nov' 705. Rich'' Ingoldesby. 



112 LORD CORXBrRT*S ADMIXISTRATIOX. [1705 



Lord Combury to if Secretary Hedges^ on Xew Jer- 
sey affairs 

iFrom N. T. OoL Doctn, VoL TV., p. 17D8.] 

New York 9^ the 22*" 1705 
Sir 

[Extract.] 
The very day that I Adjourned the Assembly of 
New York' I went towards Amboy to meet the Assem- 
bly of New Jersey, which stood adjourned to the 15*** 
of 8**" which was a Munday. I arrived there on Sun- 
day morning before, very early, having been upon the 
water all night. When I arrived there I found but 
two of the Gtentlemen of the Councill come from the 
Western Division, the rest, being Quakers, think I am 
bound to wait their leisure. There were none of the 
Members of the Western Division come neither : they 
are all Quakers too, except one : but on the 17*** the 
House sat, on the 18*** the House came to this resolu- 
tion, the motion being made and the question put, 
that His Excellency's speech containing very weighty 
matter, whether this House shall proceed upon any 
businesse untill it be full or not : it passed in the nega- 
tive. Soe you see they were not to proceed upon any 
businesse at all till the House was full. Now Sir that 
you may the better understand what they mean by 
the House being full I must acquaint you that at the 
first meeting of this New Assembly, which was at 
Burlington in 9**^*^ 1704 when the Members came before 
me in Councill to qualify themselves, I administered 
the oaths to all those who were wilhng to sweai-, and 
then the Quakers were going to take their attestation ; 
but two of the Members of the Councill, that is M' 
Revell and M' Leeds objected against three of the 



1706] LORD cobnbury's administration. 113 



Members of the Western Division for not being quaUi- 
fied according to the Queen's instructions to me, that 
is, for not having a thousand acres of land in then- 
own right in the Division for which they are chosen. 
Upon this I asked the opinion of the Councill, who 
were of the opinion that those against whom there was 
noe objection should quaUf y themselves and that those 
three should make proof of their qualifications, that is, 
of their having a thousand acres of land each, and 
accordingly the rest were admitted ; and I recom- 
mended it to the Assembly to proceed in the fii'st 
place to inquire into the quaUifications of those three 
Members excepted against. But they did not doe as I 
desired them, but proceeded upon businesse and 
towards the end of the Sessions they sent me a mes- 
sage of two of their Members in which they acquainted 
me that they were satisfied the three Members except- 
ed against were duly quallified. To which I made 
[answer] that the exceptions were not taken by me, 
but by the Councill, and that if they would impart 
these proofs to me in Councill which had satisfied 
them, I would admit them immediately. But the 
pride of the Quakers would not let them doe that, and 
the House was adjourned a few days afterwards, to 
the month of May following, and those three Members 
not admitted. In May I went to Burhngton to meet 
the Assembly, but the Members of the Western Divi- 
sion not coming I was forced to adjourn the Assembly 
to the month of 8^'' to meet at Amboy, at which time 
they made the Resolve mentioned on the other side, 
and sent me the same message they had sent me a 
year agoe about the three Membei-s, to which I made 
the same answer. Whereupon they sent the three 
Meml)ers to prove their quaUifications. This took some 
(lays, because some papei's were wanting : as soon as 
those papers were come they proceeded to prove that 
they were each of them possessed of a thousand acres 
8 



114 M^RD COBNBURY's ADMINISTRATION. [1706 

of laud, but I can't say it was in their own right ; for 
there is a cause depending concerning some of their 
lands. However the Grentlemen of the Councill were 
of oi)inion they ought to he admitted & accordingly 
they were, and I sent the Secretary to acquaint the 
House that they had qnallified themselves; but instead 
of proceeding upon businesse they adjourned tiU the 
next day which was a Saturday, and then they ad- 
journed to the Tuesday following. I asked the Speaker 
how they came to adjourn for soe long a time con- 
sidering how late it was in the year. He told me he 
and his friends must goe to the yearly meeting which 
was to be held at Shrewsbuiy the Sunday following 
soe that as long as the Quakers are allowed to be 
chosen into the Assembly, the service of the Queen 
and the businesse of the country must wait upon their 
humoui's. However on Tuesday they met and ad- 
journed again till the next day : they met & I find in 
their Journals these words : — Whereas the motion was 
made and question put that the House should not 
proceed on any businesse untiU such time as it was 
full, which past in the negative, and that whereas 
now the said obstruction is removed and the House* 
being full. Resolved that the House shall forthwith 
proceed upon businesse. Now I must observe to you 
that at the time they said the House was full, ther<^ 
wei-e thi*ee Christian members wanting, but the three 
Quakei*s being got in the House was full, soe that it 
was not a full House of Members that thev wanted, 
but a full House of Quakei^s, now their being a full 
House as they call it, they think fit to make an Addresse. 
of which I send you a copy : how well they have fol- 
lowed their addresse in their acting, their Journall of 
which I send you a copy will best show. However 
seeing they were resolved to doe nothing and hearing 
from New York that that part of the Jamaica fleet 
which had put in there was almost ready to sail, I was 



1705] LORD coenbuey's admikistratiox. 116 

forced to adjourn the Assembly to the first day of May 
next to meet at Burlington : where I will not fail, if 1 
am aUve, to be at the time appointed, to see if they 
will do any thing even for their own good. Thus I 
have given you an account of what has happened 
since I wrote last ; if I have made any mistake in my 
proceedings here I beg I may receive your commands 
how to rectifie them, which shall always be obeyed by 
Sir 

Yoiu: Most faithfuU humble servant 

CORNBURY 

Sr Cha: Hedges 



Lords of Trade proposing Qentlemeu for the Council 

of New Jersey. 

(From P. R. O. B. T. New Jersey, Vol. Vi. pa^e «i8.] 

Representation proposing Mr Townley, Mr Cox, 
& Mr Mompesson, to be of the Council of 
New Jersey/ 

To THE Queen's most ExcellT Majesty. 

May it please Your Majesty; 

Having receiv'd Letters from the Lord Cornbury, 
Your Majesty's Governor of New Jersey, wherein 
amongst other thmgs he has acquainted us that by 
i-eason of the Death of three of the Membei-s of Youi* 
Majesty's Council there, he had admitted "Colonel Rich- 



1 By Order of Council, November 29th, 1705, the geQtiemen recommended wem 
confirmed in their respective positions, as recorded in P. R. O. B. T. New Jersey. 
Vol. 1. B aO.-ED. 

^ Richard Townlbt was a prominent resident at Elizabethtown. He came to the 
Province in 1G84. having arrived at Virginia the year previoun in the suite of Lord 
Efflnffham. Gtovemor of Virfcinia. In 1085 he married the widow of Gov. Philip 
Carteret. He became one of Lord Neil Campbeirs Council in 168G; and, althouKh 
a resident of New Jersey, he was a member of the New York (X>uncil in 160*^ and 
1007, lUthough subsequently accused by Lord Bellomont of never attending either. 
He died in April, 1711, then holding the position of Presiding Judge of the Quarter 
Sessions. See Hatfleld^s History of Elisabeth.—Bo. 



1 1 (J LORD CORNBUHY's ADMINISTRATION. [1705 

arc! Townley, 'Mr Daniel Cox, and *Mr Roger Mompes- 
son, of whom he has given Us a good Character, into 
the said Council ; and prays that your Majesty would 
b<^ gi'aciously pleas'd to Confirm them in the said 
Places ; We humbly offer, That Your Majesty be 
pleas'd to Confirm and Constitute the said Mr Richai-d 
Townley Mr Daniel Cox, and Mr Roger Mompesson, 
Members of Your Majesty's Council of New Jersey 
accordingly. 

Which is most humbly Submitted. 

Rob. Cecill. 

Phil. Meadows. 

W™ Blathwayt. 

J"« PoUfexen. 

Mat. Prior. 
Whitehall 21*.' Nov»>J 1705. 



* CoLONKL Daniel Coxb was son of Daniel Coxe, H.D., of London (see Vol. n., p. 
41), who. having: purchased Edward Byllynges* right to West Jersey for the suni of 
nine thousand pounds sterling^ and, as will be seen from this document, become 
interested in East Jersey, was first thought of as one of the Council, in both New 
York and New Jersey shortly after Lord Combury^s appointment as Oovemor; 
but during Ooyemor Hunter^s administration, he having made himself obnoxiouH 
to that officer, he was superseded, but was shortly after elected a member of tlio 
Assembly of New Jersey and became Speaker of that body in 1716. He weh ex- 
pelled, however, in 1718; In 1784 he was appointed an associate Justice of the 
Supreme Ck>urt, which position he held until his death, in the spring of 1789. Hav- 
ing become interested in Carolina, from a clidm his father had to the titles of that 
province, he wrote a treatise in 1782, entitled " A Description of the English Pro- 
vince of Carolina, by the Spaniards called Florida, and by the French La Louisi- 
ane,** in the preface to which occur certain suggestions, looking towards the 
foundation of an American Union, so similar to the so-called *' Albany Plan of 
Union,*' submitted by Dr. Franklin in 1754 to the Con%'ention which assembled that 
year in Albany, for the purpose of forming a league with the Six Nations of Lidiaus. 
as to warrant the supposition that Dr. FrankUn was aware of their diameter and 
availed himself thereof. Notwithstanding his connection with Lord Oombury and 
his differences with Oovemor Hunter and the ^Vsaembly of the Province, he lived to 
regain the c<mfldence and respect of the community and dbwharged his judicial 
duties with ability and integrity. Field's "Provincial Courts of New Jersey." 

-Ed. 

* RoosR MoMPBssoN was a lawyer of ability, who had been a member of two 
parliamenta. He came to America in 1706, having been appointed Judge of the 
Admiralty Court for New York and the adjoining colonies. In ITiU he became 
Chief Justice of New York, and afterward of New Jersey. In February, 1705, he 
was made one of the Council of New York. Mr. Field, in his '' Provincial Courts 
<»f New Jersey,** gives him credit for great learning in hiH proression. and for the 
service he rendered in organizing the judicial system of the State. Having been 



1706] LORD cobnbuby's administration. 117 



Lords of Trade on Memorial of West Jersey Proprie- 
tors relating to Lord Combury^s Proceedings. * 

[From P. R. O. B. T. New Jersey. Vol. 1, B 18.J 

Observations made by the Lords Comm" for 
Trade and Plantations upon the Memorial 
of the Propriety of the W estem Division of 
New Jersey, Novr 14: 1705 

Page . . 1'' Upon an Assertion in the Mem'* 

That the Government was Sun^endered upon Terms ; 
— It is Observed that the Surrender was absolute & 
without Terms, But the Lords Comm" did make sev- 
eral of the Articles desired part of the Gov? Instruc- 
tions, And an Act has been since passed for the better 
Regulating that Governm? 

Page 3'f it 4^'; Upon Complaint that thert» 

has not teen due Notice and time given for chusing 
the last Assembly ; — Care shall be taken that due & 
timely Notice be given for the Future, of the Time 
and Place of Election of Representatives, and the 
place of Election to be within each I'especti ve Town and 
County. 

Page 7 Upon Complaint of :^ Membei's 

being kept out of the Assembly, — The Govf shall be 
writ to ab? the three members, \v^^ he i-efased to admit 
into the Assembly. 



recommended for the Cowicil of Lord Combury, he performed the duties of hiH 
pofdtion very much in conformity with the views of hiH Lordflhip, and not in a way 
to insure him the affection of the people. Subsequent payees will show what his 
relations were to other administrations. He married a daughter of William Pin- 
home, who was associated with him on the Bench of the Supreme Court of the Prov- 
ince.— Ed. 
' See page HI.— Ed. 



118 LORD COBNBUBY^S ADMINISTRATION. [1705 

Page 11 As to the Complaint of the 

Grov7 appointing Fees for the Patenting of Lands, — 
He has lately had an addition" Instruction not to 
meddle in that matter. 

Page 11 Upon Complaint that the Books 

& Recoi-ds of the Prop? are taken out of their Agents 
hands ;— All the Papers of Pubhc Proceedings ought 
properly to be in the Custody of the Secry: of the 
Province ; But if the Govf or the Secretary have taken 
or CaiTyed away any Papers or Records which relate 
only to the Proprietors, He shal be Directed not to 
meddle therewith, much less to permit the Carrying 
yf out of the Province. 

Page 12 ., Upon CompP that the Grovemor 

has Appointed Officers &c without advice of the Coun- 
cil. — It does not appear by his Commission or Instruc- 
tions that he is obliged to have the Advice of the 
Council in appointing Sherifs, But may do therein as 
he sees cause for her Maj*?' Service. 

Page 12 Upon CompP that the Gov- 
ernor has put one Salter into the Commission of the 
Peace ; The Board will write to Lord ComBury thei-e- 
upon 

Page 13 No Alterations have been made in 

the Instructions relating to the Purchasing of Lands. 

Page 15 The Acts past by the Assembly shal 

be considered. 

Upon a Desire that Colonel Morris should be read- 
mitted into the Council, The Board will (as soon as 
Colonel Morris or his Correspondents here shal have 
agreed upon a due form of submission to be made by 
him to the Governor,) recommend that his Suspension 
be taken off. 



1706] LOED COR^BURY^S ADMIKISTRATIO^^ 111) 



From Lord Coritbary to tiie Lords of Trade, relative 

to his lie IV instructions, &c, 

iFi-oiii F. K. O. B. T. New Jersey, Vol. 1. C. l. 

Lre: from the Lord Combury to the Board;^ 

New York 9'^'^ the 27*'' ITu.. 
My Lords 

I had the honour of your Lordshipps letter of the 
20*^ of Aprill last by her Maiestys Ship Lastoflfe, which 
arrived at New York on the 20'^' of July, I have Uke- 
wise received her Maiesty's Additionall Instruction, 
which I shall take cai'e to observe, I am of opinion it 
will give satisfaction to the people of New Jei'sey, 
however I must observe to your Lordshipps, that the 
Inhabitants of the Western Division of New Jersey, 
are tennants in Common, noe partition has been yet 
made, soe that it is pretty hard to know who has a 
thousand acres of Land in his own Right, soe that 
hitherto those that are possessed of a thousand acres 
of Land have been allowed to be within the meaning 
of her Majesty's Instructions to me, and the Queen 
being pleased to make use of the same words in the 
Additional Instruction I have now received, I shall put 
the same Construction upon them as I have done 
hitherto; Your Lordshipps are pleased to dii*ect me to 
move the next Assembly to settle the Revenue for 21 
yeai's, and if they will not come up to that term, that 
I shall not accept it for lesse than eleaven yeai's, all 
which I shall punctually observe; You are pleased to 
think that 1500^ for the first year, and looo^ p' annum 
for the succeeding yeai's may be sufficient to be dis- 



' lleoM: l8t February, 170o-<i. 



120 LORD CORNBURY'S ADMINISTRATION. [1705 

posed thus, 400* a year for my sallary and travelling 
charges, 200* a year for the Lieutenant Qouvemor and 
his travelKng charges, and the residue for the contin- 
gent charges of the Government, as for what relates 
to me perticularly I shall always readily submitt to 
whatever Orders you are pleased to send me, but as 
for what relates to the contingent charges of the 
Gouvemment, I must beg leave to represent to your 
Lordshipps that the Residue of the sum above men- 
tioned will not be sufficient to answer the necessary 
charges of the Gk)uvemment, for that Residue will be 
but 400*, and I conceive there must be a sallary for the 
Collector, for the Chief Justice, for the Attorney 
Q^nerall, and for the Secretary, besides other Con- 
tingent Charges, now if these s^larys must be equiva- 
lent to those the same Officers have at New York, they 
are as follows, the Collector has £200 sterling a year, 
the Chief Justice £130 York money, the Atomey 
General 100* and the Secretary has 30* a year a 
Secretary and £50 a year as Clerk of the CoimciU, 
besides a messenger, and all Custome house Officers, 
and besides all other charges that will accrue acci- 
dentally, and which cannot be ascertained, soe that 
the certain charge will amoiuit to 1170* a year besides 
Custome house Officers, a messenger for the Councill, 
a Printer, and all other casualtys; as for what relates 
to my own private concerns as I said before I shall 
alway readily submit that to the Queen's pleasure, only 
give me leave to observe that the Queen was pleased 
to allow me 500* sterhng a year for the Gouvemment 
of New Jersey, and indeed travelling is very charge- 
able in these parts. Your Lordshipps ai'e pleased to 
direct me to recommend to the Assembly that in the 
Taxe« to be raised there be a due proportion in the 
Assessments that shall be laid as well upon those lands 
according to their valine, as upon Personall Estates. 
I will not fail to obey your commands; you are like- 



1705] LORD cornbury's administration. 121 

wise pleased to direct me to leave the Determination 
about Elections of Representatives to the House and 
not to intermeddle therein, otherwise than by Issuing 
Writs for any new Election; I shall follow your 
directions herein punctually. I have always used my 
utmost endeavours and shall continue so to doe, that 
the Administration of the Gouvemment should be 
carryed on in all things in the most equitable and 
satisfactory manner to the Inhabitants of that 
Province with reguard to their seprate Interests, but 
indeed it is a very hard task, for that Province is 
inhabited by some people who call themselves Proprie- 
tors, some who pretend to hold their Lands by virtue 
of a patent from CoUonell Nichols, who was formerly 
Gtouvemor for the Duke of York, and others who have 
purchased their Lands from the Proprietors, now it is 
certain that during the time the Proprietors had the 
Gouvemment in their hands, they oppressed the people 
extreamly. I mean the Proprietors here upon the 
place, and they would now have their Irregular pro- 
ceedings in those days, Justified by an Act of Assembly 
such as was the long Bill; however I doe assure your 
Lordshipps that I shall engage in no party, but behave 
my self equally to all, by which I am satisfied I shall 
obtain the ill will of many people, however I shall not 
valine that as long as I doe my duty to the Queen; 
I beg leave to acquaint yom* Lordshipps that I have 
not put one Justice of the Peace into Commission, nor 
one Militia Officer yet, without the recomendation of 
some of the Gentlemen of her Maiesty's Councill for 
that Province, and I take them to be the fittest pei'sons 
to advise with in those matters, when fii'st I pubhshed 
my Commission in that Province, M' Morrice was very 
forward in recomending pei'sons for the Peace, and the 
Mihtia, and I have found by experience that in his 
recomendations he pitched upon such pei'sons only as 
he knew he could mannage to sei've his Ends, without 



Itt LOKD COft^rVTKT'S ADXIXISTmATIOS. fl7U6 

any regaid to their capadtr^ and some scandalous 
fellows whom I hare sinoe pot out at the request of 
some of the Gentlemen ot the CooncilL for being drunk 
every day, and pertknlaiiy at their Qoarter Sessions in 
Court, and I doe assure you that my rale shall always 
be to chuse the ablest meiu and those of the best 
Estates in the Country to fill those Commissions, and 
perticularly those who are well inclined to her Maiesty's 
service; thus I have answered your Lordshipi)s letter 
of the 20*^ of Aprill, I hope to your satisfaction. I 
siiall now take the liberty to acquaint you that on the 
13*^ of 8**** last I went to Amboy to meet the Assembly 
of New Jersey, I got thither on the 14*** in the morn- 
ing, but noe body was come but two of the Council!, 
and two or three Members of the Ekistem Division, soe 
that it was the 17"** of 8*^' before the House sat * * * * 
[Then follows the same information that was com- 
municated in his letter of November 22d, on page 
112.] * * * * Thus I have given your Lordshipps 
an account of what has occurd inNew Jersey since I 

wrote last. I am 

My Lords 

Your Lordshipps most faithful! 

humble servant 

CORNBURY. 



Circular letter from the Lords of Trade, relative to the 
appointment of John Bridger as Sutn^yor General 
of Her Majesty^ s Woods. 

(From P. R. O. B. T. Plantations General, No. ;», Entry Book D, p. IIT.J 

Circular Lett' to the Sev| Grov!! on the Continent 

of America. 

Her Majesty having thought fit to appoint M' John 
Bridgor Surveyor Gtenerall of Her Majesty's Woods on 
the Continent of America, and to give him Instruc- 



1706] LOKD CORNBURYS ADMIKI8TRAT10>' . 123 

tions for his better Guidance therein, as also for 
Directing the Inhabitants in the Places through which 
he shall pass in the best Method of making & Curing 
of Pitch, and Tar, and other Naval stores ; and he 
being Required by his said Instiiictions to give You a 
Particular Account of all his Proceedings in the Prov- 
ince of ... . Under Your Government, Her Majesty 
has Directed Us to signify Her Pleasure that You Re- 
ceive from the said Bridger such Ace*.* and that you 
Elxamin and transmit the same from time to time to 
Her Majesty by one of Her Principal Secretaries of 
State, and Duphcates thereof to Us, with Your Opinion 
thereupon, how that service goes on, what probability 
there shall be, of its being brought to perfection and 
what may be further proper to be done towards the 
foi*warding and Effecting the same. 

You are also to move the Assembly of to 

pass such Act or Acts as may be necessary for the 
fiu1;her Encoumging of this so Advantagious Under- 
taking 

And Whei-eas the Travelling of the said Bridger and 
his Continuing in the Woods with his servants and 
Clarks for the Instructing Her Majesty's subjects in 
this Work will Occasion a Constant and Extraordinary 
Elxpence, We do therefore recommend to You that 
he may be Assisted, and Enabled to perform this ser- 
vice for the benefit of the Inhabitants, in such manner 
as You may Judge most Convenient, so We bid You 
Heartily farwell 

Your Very Loving Friends 

Rob^ CeciU 
Whitehal Ph: Meadows 

February the -i*^ 170-^ W^ Blathwayt 

Jn? Pollfexen 
Mat: Prior 
Governors on the Contin- of America. New Hamp- 
shii-e. Massachusetts Bav. New York. New 
Jersey. Virginia. Maryland. 



124 LORD C0RN6URY*8 ADMINISTRATION. [1706 



The Lords of Trade to Lord Coimbury, Ofi New Jer- 
sey affairs. 

I From P. R. O. B. T. New Jersey, Vol. 12. iwtge 280.] 

Letter from the Board to the Lord Combury of 

New Jersey. 

To the R^ Hon**!® the Lord Combury, Governor 
of Her Majestys Province of New-Jersey. 

My Lord J 

Since Our Secretaiy's Letter to your Lordship, of 
the 8^ of May Last, inclosing an Additional Instruc- 
tion from Her Majesty isolating to the Election of 
Representatives to serve in Gteneral Assembly, as also 
a New Seal for the Province of New- Jersey, with a 
Warrant for Using the same. We have receiv-d your 
Lordship's Letter of the 19^*" of February last, and the 
Papers therein Referr'd to. 

We observe what your Lordship says of Mr MoitIs's 
Behaviour, and have been apply'd to by some of the 
Proprietors his Friends, Men of Credit and Estate 
here, who have assui'ed Us, that he will comport him- 
self for the future with all due Respect and Regard to 
your Lordship and Her Majesty's Service ; So that, in 
order to reconcile the minds of all under your Lord- 
ship's Government, We do think fit at present, that 
upon his Submission, Your Lordship do re-admit him, 
into the Council of New- Jersey. 

We must Ukewise observe, that what has bt^n al- 
leg'd in relation to the pretended Terms of the Sur- 
i^ender of that Government, is not true. The Surren- 



1706] LORD CORNBURV'S ADMIXI8TRATI0N. 125 

der was absolute, and without Terms ; We did indeed 
Consent, at the Proprietors Desire, to add some Clauses 
to Your Lordship's Instructions ; but that was no 
Condition of the Surrender : And therefore We think. 
Your Lordship has done well in maintaining the Con- 
trary, 

Her Majesty has upon Our Representation, been 
pleas'd to appoint Mr Townley, Mr Cox and Mr Mom- 
pesson, of the Coimcil of New-Jersey, in the Room 
of the three your Lordehip has named to Us, to be 
dead. 

As to your Lordship's desire, that We Should re- 
commend Mr Mompesson to Her Majesty, for the Place 
of Chief Justice of New Jei'sey ; We must refer 
your Lordship to what We writ you the 26*?" of Mai-ch 
last, in relation to New York, upon the same Subject. 

Mr Dockwra, in the name of the Proprietora of the 
Eastern Division of New-Jersey, having recommended 
to Us M- Peter Sonmans, their Agent and General 
AttoiTiey, who is lately gone over to New Jersey, as a 
Person fitly qualify'd to fill up any Vacancy that may 
happen in the Council there, and being inclinable to 
gratifie the said Proprietoi-s herein, if your Lordship 
have no Objection hereunto. We desiie to hear from 
Your Lordship, what you have to offer thereupon. 

In Answer to what your Lordship writes about 
Fines, Forfeitures and Escheats, and to the appointing 
of a Ranger of the Woods in New- Jersey, We must 
refer your Lordship to M' Attorney General's Report 
ui)on those Matters, a Copy whereof is here inclosed, 
which will 1k» a guide to your Loixlship upon othei* 
occasions. 

We have considered the Acts your Lordship sent Us, 
which were past in Noveml>er 17o4, and have not any 
material Objections thereunto ; but as there are some 
things which We wish might be amended. We shall 
defer lajing the said Acts before Her Majesty, till your 



126 LORD coenbury's administration. [1706 

Lordship has had an opportunity of acquainting the 
Assembly with our Observations thereupon, viz^ 

The Act for the Settling the Militia, in the last 
Proviso but one. Enacts that the Suras of Money 
thereby to be Levy'd, are to be paid into the Hands of 
the Receiver General or Secretary, or such other Per- 
son as the Governor under his hand shall appoint ; 
and the Money to be apply'd also to such Publick 
Uses as the Governor shaU direct ; whereas We think 
that Publick Moneys ought only to be paid into the 
hands of the Receiver General, and the Uses to which 
it ought to be apply'd for the support of the Govern- 
ment, should be expressed in the Act ; and not left 
at large as it is in this ; Which We desire your Lord- 
ship therefoi-e to be mindful of in the future. 

Tho' the Design of the Act for Uniting and Quieting 
the Minds of All Her Majesty's Subjects in New Jer- 
sey, be very good, yet there are somethings in the Act 
which render it imfit for Her Majesty's Royal Con- 
firmation, viz. That it pardons (amongst other Crimes) 
all Murders, High-Treason and Piracy committed be- 
fore the 13^?" of August 1702 ; whereas Her Majesty 
has reserved to Her Self by Her Instructions ta you. 
the Pardoning of those Crimes, and therefore We 
desire your Lordship to endeavor to get this amended 
in another Act to be pass'd for the like Purpose 

We have no other Objection to the Act for altering 
the Present Constitution and regulating the Election 
of Representatives, &c but that it does not regulate 
the Quantity of Acres necessaiy to qualify Persons to 
Elect or be Elected Representatives in the General As- 
sembly ; your Loi-dship ^vill have seen by Her Majes- 
ty's Additional Instruction, which was sent You in 
Our Secretaiy's foresaid Letter of the 8"' of May last, 
what We intended upon that matter, viz^ That iwo 
Acres or 500£ Personal Estate should quaUfy Persons 
to be Elected, and that 100 Acres and 50£ Pei-sonal 



1706] LORD corxbury's administration. 127 

Eistate Should qualify to be Electors : But if your 
Lordship find this Regulation too high, you may en- 
deavour to get a New Act Past for proportioning that 
Matter otherwise. In the meantime, this Act will 
remain in Force, without being Confirmed by Her 
Majesty; and your Loi-dship will make a suitable use 
of your Instructions in that behalf. 

A Complaint having been made to Us, That the 
Elections for the last Assembly were made in such 
haste, that there was not due and timely Notice, and 
some Towns no Notice at all of the Day appointed for 
that purpose ; We desire your Lordship therefore to 
be mindful for the future of giving such Notice (four- 
teen days, at least) that all who have a Right, may 
have time to repair to the place of Election, as they 
shall see fit. 

There has also been a Complaint, that three Membei-s 
were kept out of the Said Assembly upon some Objec- 
tions made against them by Thomas Revell and Daniel 
Leeds, and that after the said Objections were re- 
moved, your Lordship still refused to admit them, We 
must therefore advise your Lordship to be careful in 
preserving such Privileges of tlie Assembly, as are 
belonging to them. 

The Proprietors of the Western Division complain 
that Youi* Lordship has caused their late Secretary to 
dehver all Publick Books, Records and Papers, to 
Mr Bass Secretary of the Province, and that their 
Records of Dee<ls and Conveyances are cairy'd out of 
the Province, which they alledge, may be of veiy 
gi'eat Prejudice to them. We ai*e of Opinion, that all 
Books and Pajjers, Deeds and Evidences, relating to 
the Proprietorship of the Soil, Ix* not taken out of tlio 
Hands of the Proprietors Agents : and that if it l)e 
(lone, they be restored ; and that no Publick paj)ers 
whatsoever be caiTj'^'d out of the Province. 

It has furth(»r been complained of to us, that your 



128 LORD corkbury's administration. [1706 

Lordship has put into the Commission of the Peace 
several mean and contemptible Persons, particularly 
one Salter, whom your Lordship knew was under 
Prosecution for Felony : And granted Commissions in 
the Militia to other Persons who have no instates in 
the Province : What Truth there is in this Complaint, 
your Lordship can best judge, But We think it how- 
ever necessary to advise Your Lordship to be careful 
what Persons you put into the Commission of the 
Peace and Militia, that they be Persons of good Es- 
tates, and well qualify'd for those Employments. 

We must take notice to your Lordship, that we have 
not received any Minutes of the Council or Assembly 
since Your Lordship's being in that Government, We 
therefore desire that We may have fair Transcripts of 
the said minutes both for the time past, and for the 
future; As also Copies of all other Publick Pix)ceedings 
and Acts of Government. 

The want of Prisons in New-Jersey is a matter pro- 
per to be laid before the General Assembly : Your 
Lordship will therefore represent to them the necessity 
of having such Prisons built, that they Grant a suffi- 
cient Fund, which may be appropriated to that Ser- 
vice. 

A New Seal for the Province of New Jersey, was 
sent your Lordship by Col? Nott, Governor of Vii-ginia, 
and We doubt not, but your Loi'dship will have re- 
ceived it long before this. 

By the Words, due Provision for the respective 
Members of Otir Council and Assemblf/^ in the 22^ 
Clause of your Instructions ; it cannot be imdei-stood 
that a Salary should be settled upon them, but only 
that due Provision be made of Paper, Ink, Fire and 
other necessaries, for carrying on the Service, and 
suitable Salaries be provided for the Clerks and other 
Officers that attend the said Council and Assembly. 

We are glad to perceive. That the Tax for one year 



1706] LORD CORKBURY^S ADMINISTRATIOK. 120 

has been so easily raised; and We hope, That by your 
Lordship's prudent Conduct everything else will be 
made easy also. We are, 

My Lord, 
Your Lordship's most himible Servants, 

Dartmouth. 
Rob: CeciU. 
Ph. Meadows. 
W? Blathwayt. 
J"** Pollexfen. 
Whitehall, Febf 4^^ 170^ Matt. Prior. 



The Proprietors of East Jersey to the Lords of Trade ^ 
askimj for the appointment of Peter Sonmans to 
be 071 e of the Council of New Jersey. 

[From P. R. O. B. T. New Jersey, Vol. 1, C 5.] 

The Memoriall of the Proprietors of The 
Eastern Division of New-Jersey praying 
that their Agent M^ Sonmans may be 
constituted one of the Council of New 
Jersey &c Eecd 24 April 1706 

To THE Right Hon"^' the Lords Commissioners for 
Trade, and forreign Plantations. 

The Memoriall of the ComHtte of Proprietors of the 
Eastern Division of New Jersey in America. 

The said Proprietors beg leave to represent to Yo! 
Lo^p* that before they surrendered their Right of Gov- 
emm^ to Her Majesty among other things they 
insisted, That such Agent as they shou'd at any time 
after appoint by their Com'ission to go over (to manage 
9 



130 LORD COKNBl RY^S ADMINISTRATION. [1706 

their affairs in the said Province) might always be of 
the Gov? Councill. 

That so he might be present to i^f orm the Govemour 
of the State of all matters relating to their Lands, Quit 
rents, & other their Propriety Concerns, which shou'd 
at all times come before the CounciU, and to take care 
that the Rights, & Generall Interests of the Proprietors 
might be preserved, which yo' Lo^P" were pleased to 
allow to be very just & reasonable. 

But the Proprietors at the time of filling up the 
list of the names of twelve Persons to be of the Gov- 
emours Councill viz^ Six for the Eastern, & Six for 
the Western Division of New Jersey had not then 
chosen an Agent and so cou'd not nominate a Person 
to yo' Jjo^?* for that Station in the Govemours Coun- 
cills. 

But sometime after the said Proprietors did elect M^ 
Peter Sonmans for their Agent, Generall Attorney &c* 
authorising him by Commission under their hands, & 
Seals; and so soon as they had advice of a vacancy, in 
the Govemours CounciU, by the Death of one Capt^ 
Leonard in the Eastern Division, & W Hunlock in the 
Western Division they applyed to Yo^ ho^^ that the 
said Peter Sonmans might be humbly recom'ended to 
Her Majesty as their Agent, to fiU up one of those 
vacancies in the Govern? Councill. 

But yo^ Lo^P' were pleased to deferr yo- Answer 
untill His Excellency the Lord Combury shou'd send 
his next Lettei-s to the Board — And when they came 
His LoPP signified the Death of a third Member of His 
CounciU, one Cap* Walker, upon which my Lord not 
knowing the Proprietors had constituted Mr Sonmans 
their Agent, He recom'ended three Persons for the 
said three vacancies, viz^ Coll Coxe, CoU Townley, & 
Mr Mompesson which being represented by Yo^ Lo**P" 
to Her Majesty, She has been pleased to grant Her 
Letter of Approbation to each of those Gentlemen. 



1706] LORD CORNBURY^S ADMINISTRATION. i:U 

Now SO it is (may it please Yo^ Lop?*) that Mr Son- 
mans arrived in New- Jersey about six Months since, & 
immediately addressed himself to His Excellency the 
Govemom-, & acquaint? Him with the Contents of his 
Com'ission for Agent, Gen" Attomy &c who received 
him with great CiviUity, & kindness, and was pleased 
forthwith tt) order His Councill to meet at Amboy in 
East Jei'sey in August last, where his Com'ission was 
opened, read & examined, & allowed by the Governour 
in Coimcill. 

Yet some of the unruly Scots, & those of their fac- 
tion (abetted by their Ringleader) in New Jersey, who 
are the Correspondents, & Informei-s of the Memo- 
riaUists here against the Lord Combury opposed M*^ 
Sonmans Com'ission there, pretending they had the 
Majority of the Proprietors power in them to consti- 
tute the Generall Agent. 

Whereupon His Excellency (ready to hear their Com- 
plaint) appointed a day for all Parties to appear, and 
were also allowed to bring Councill at Law on both 
sides, and after a long, & full hearing, the whole num 
ber of the Pi-etenders in Jersey were not able to prove 
their authority (in the Right of themselves, or as 
Proxies legally substituted by others (putting them 
altogether) to exceed one Propriety, & three Quartei-s 
to support their pretended Majority of twenty four 
(which • ai-e the Originall number of Proprietors) — On 
the other hand W Sonmans proved his Com'ission 
(given in London) to be above six times, of more 
authority then theirs; who have assumed to act as a 
Majority of Proprietors, but wei'e so notoriously 
detected, for the falsity of their Pretensions, that their 
Councill at Law had no more to say for such Clients, 
who to their Shame, and Confusion were so publickly 
convicted. 

And Mr Sonmans having so clearly proved the 
authority of his Com'ission the Governour, & Councill 



Ll2 LORD COENBURY^S ADMINISTRATIOK. [1706 

confirmed it (as amply Authentick) before a very great 
Audience of the Country to their great Satisfaction, 
and ordered his Commission to be enter'd on Record — 
His Excellency also declaring that He had Orders by 
his Instructions from Her Majesty, to admit the Pro- 
prietors Agent to be of his Councill, and did expect, 
that Mr Sonmans had brought the Queens Letter of 
approbation with him. 

Yet were these factious Pretenders, so perverse, and 
Insolent, as to incite one Barclay a Scotch man to per- 
sist in receiving, the Quit rents, and other monys of 
the Proprietors (he being one of their tools) to whom 
they had presumed to take upon them to give a 
Com'ission to be Receiver Generall, and the said Bar- 
clay resisted Mr Sonmans Com'ission, & obstinately 
continued to justifie his own: untiU His Excellency 
issued out a Proclamation, to make void his pretended 
authority, and to prohibit him from receiving, & all 
others to pay him anything more, commanding all Per- 
sons to observe Mr Sonmans Com'ission so fully proved 
to be ample, & authentick to constitute him the Gen- 
eral! Proprietors Agent Receiver Gtenerall &c. 

The Proprietors therefore now hiunbly hope Yo- 
Xx)Pp« y^i |)e pleased to make such speedy Representa- 
tion to Her Majesty, (as they presume his Excellency 
has desired) for the dismission of Mr Morris from the 
Govemours Councill, & that yo' Lo'*^' will please to 
recom'end their establisht Agent M"^ Sonmans to Her 
Majesties favour for Her Letter of approbation to 
supply the room of M"^ Morris; & humbly pray it may 
be so dispatcht as to be sent by the hands of Coll 
Quary and Coll Coxe who are now I'eady to embark for 
New York. 

Hoping Yo' Lo^^P* will be pleased to pardon the 
Importunity hereof; from the necessity there is for the 
affaii*s of the Proprietoi-s, & the Service of that 
Collony, that Her Majesties letter of Approbation for 



1706] LORD coekbury's administration. 133 

M' Sonmans to be of the Govemours Councill, might 
go by this Convoy ready to sail. 

All which is humbly submitted 
London By Order of the Com'ittee of Proprietors 

February of the Extern Division of New- Jersey 

U'"" 170S W^- DOCKWRA, 

Seer & Regr 



The Answer of William Sloper^ Agent of Lord Corn- 
bury, to the complaints of the West Jersey Pro- 
prietors. 

(From P. R. O. B. T. New Jersey, Vol. J, C. O.J 

The Meml of W" Sloper Agent to the Lord 
Combury Grov^ of Newy!" & Newjersey — 

In Answer 
To the Complaint of Severall Psons Stiling 
themselves the Proprietors of the Western 
Division of New Jersey in America. Reed 
24 April 1706. 

To THE Right Hon'ble the Lords Comm^^ for Trade 
AND Plantations. 

The Memoriall of W™ Sloper Agent to his Excell^''^ the 
Lord Cornbury, Grovernour of New York &c? 

May it Please Yo^ Tjordps^" 

I have seen a coppy of a Memoriall given to your 
Lord*!* by Severall persons who pretend to be, and Stile 
themselves the Proprietors of the Western Division of 
New Jersey, whereas they are not above a fifth Part 
of what they so pretend to, and yet they have the 
assurance to represent the whole, having neither 



134 LORD CORKBURY's ADMINISTRATION. [1706 

authority, just ground nor any pretence from the per- 
sons chiefly Concerned in the Propriety of the said 
Division, for so doing; however I take leave to lay this 
before vour LordP as an answer to the said scun'ilous 
Memoriall imtill his Excellency the Lord Combury has 
notice of it, to answer it more Particularly. 

In the first place they suggest, that the terms of 
Surrender of the Grovemment of that Country is Part 
of the Govemours Instructions and complain of the 
breach of his said Instnictions which they Pretend to 
have undoubted Testimonies of, which I hope your 
Lord*** will please to order them to produce, whereas 
your LordP* very well know that her Ma'tie did not, 
nor would receive that Govemm* upon any Terms of 
SuiTender which were pretended to be made, and I am 
very well assured from persons ci-edible and imbyass'd, 
that his Excellency has punctually observ'd, and fol- 
lowed such Instructions as her Ma'tie has been Pleased 
to give him, together with your Lord*** Commands, In 
all matters relating to that Province. 

As to the GeneraJl Charge of his Excellency's vio- 
lating the Constitution of that Province, in respect to 
the Grenerall Assembly it plainly appears, by the 
fifteenth Clause of his Instinictions, that the manner 
of electing Representatives, might be alter'd by an act 
or Acts of Assembly, as appears by the Words made 
use of in the said Instructions, which are as follows, 
(and that this number of Representatives (,viz^ 24\ 
Shall not be enlai'ged, or the manner of Electing them 
alter'd, otherwise than by act, or Acts of Assembly 
tliere, and confirm'd by us our Heirs and Successors) 
and his Excellency has strictly confin'd himself to the 
letter of his Instructions, for when the Country found 
the Inconvenience that attended the former Constitu- 
tion, they humbly applyed themselves to his Excel- 
lency, by their Representatives that they might have 
such alterations, as were suitable to their Circum- 



1706] LORD cobnbury's administration. 136 

stances, and good of the Country, and most agreeable 
to the Laws and Constitution of England, for which a 
Bill being brought in by the Assembly, and pass'd in 
their House was consented to by his Excell®^ Pursuant 
to her Ma'ties Instructions. 

To the 4*? Paragraph I answer and agree that an 
Assembly was called in the year 1703 but withall I am 
obUged to represent to your Lord^" the manner of the 
Ellection which is as follows; The persons employed as 
Tools by those Pretended proprietors prevailed so far 
upon my Lord, as to have one of their number to be 
appointed Sheriff of the Amboy County, where the 
Ellection for that Division was to be, which was one 
m' Gordon a Scotchman who to destroy the Liberty of 
the People, did contrary to all Justice, honour, or the 
obUgation of his Oath, return for members of that 
Assembly Pei-sons who had not 50 votes, whereas there 
appear'd upwards of BOO for the other Candidates, by 
whom a Poll was demanded, but refused by the said 
Sheriff, which so alarm'd the whole Country that 
nothing but my Lord Cornbury's great Prudence, could 
have preserved the peace of it; however the Persons 
Pticularly aggrieved took the proper Methods to pre- 
serve their Rights, by petitioning the house of Assem- 
bly against the Sheriff for his illegall and undue return 
and after a tedious attendance, the Assembly appointed 
a Day of hearing, but with such Limitations, as not to 
appear with more than a Certain number of Witnesses. 
According to the time appointed they appear'd with 
their CounciU and Witnesses, but were then told by 
the Assembly, that they were satisfied with the Acco^ 
given them, by the said Sheriff, and refused to admit 
them to lay their Case before the House, but deter- 
min'd it against them without being heard. 

And that your Lord^" may see that this set of Men 
thus unduly returned were intended to carry on the 
unjust Designs of these pretended proprietors residing 



1'30 LORD cokxbury's admixistratiox. [1706 

in E^t Jersey who are most of them persons not of 
the best reputation and of but small Interests in 
proprieties yet headed and encouraged chiefly, by 
Lewiss Morris stiled Agent to the West Jersey Society 
in England (who are the informers in this Memoriall 
against the Govemour, and Stile themselves the West 
Jersey Proprietors, tho' they have but one fifth Part 
of West, and but two Proprieties among them all in 
the Eastern Division of New Jersey. I am oblig'd to 
represent to your Lord*?* that the first step they took, 
was the bringing in a Bill which was call'd the Pro- 
prietors Bill and consisted of nothing but mischief, 
Injustice and oppression, for in the first Place it 
defeated the Queen of all her Quit Rents for above 40 
years, it took from her a great Part of the Govemm^ 
of New York, which the Crown has enjoyed near 40 
years, no less than aU Staten Island, besides the Royal- 
ties of Govemm^ of New Jersey even after they had 
resigned it to the Crown The next thing contained in 
the Bill, was to cheat and Defraud the rest of the Pro- 
prietors, by destroying the very foundation of their 
Title which is a joint Tenancy, or tenancy in common, 
this Bill would likewise destroy the just right and 
proper titles of above 500 of the Inhabitants with many 
more unjustifiable and barbarous designes contrary to 
all Law and Justice too many to trouble yom- Lord*** 
with and therefore shall rather refer your Lord^* to the 
Bill it self this Bill they pass'd in the House of Repre- 
sentatives and used all their Endeavours to pass it 
likewise in the Councill and thought to have laid a 
necessity on my Lord so to doe by tacking it to a pre- 
tended money Bill (which was far short of answering 
the end, for the support of the Governm^ but they 
found their mistake for his Excell*"* having more 
honour. Justice and Sence, than to be so far prevailed 
with or imposed upon as to pass anything so unjust & 
wicked as to destroy the Rights and prerogative of the 



1706J LORD CORNBURY's ADMINISTRATION. 137 

Queen and the ruin of the Country, put a stop to it 
and after having tryed the nature and temper of these 
People, and found that they had no Design for the 
good or settlement of the Country, but to carry on 
their unjust pretentions he thought it high time, (for 
these and no other reasons notwithstanding what is 
unjustly suggested in the memoriall) to hearken to the 
Complaints and Peticon of the whole Country for dis- 
solving this Assembly, so unjustly returned, and giving 
the People a free choice in the Election of a new one. 

The next Article of their Charge is that which relates 
to the 3 Members Upon which I humbly observe to 
your Lord^ that in this as well as all other things my 
Lord Cornbury kept very Punctuall to the observance 
of his Instructions which obliged him not to suffer any 
Person to sit in the House of Representatives but 
under certain Qualifications, however my Lord was so 
tender in a Point of this Nature that he did not under- 
take to judge and Determine the right of these persons 
but left it and recommended it to the Determination 
of the House of Representatives as may appear by 
their JournaUs relating to that matter, which are as 
follows. Wednesday the 15^1' of Novemr 1704 W Leeds 
and M^ Revell two of the Councill having deUvered a 
Petition into the House against three Pretended Mem- 
bers, On a debate of the House was allow'd to be 
received, in the words of the said Petic'on, and the 
Petic'oners had 14 days allow'd them, by the House to 
make good the allegations thereof; two day after viz* 
on the 1 1? of the same Month upon a Motion made by 
one of the Members of the House in behalf of the said 
3 Pretended Members, it was order'd that they should 
be admitted to make good their Qualifications to sit, & 
at their request were allow'd time till the Wednesday 
Sevenight to make their Qualifications more fully 
api)ear to the House; which was the same day Leeds 
and Revell were to appear to make good the allegations 



138 LORD cornbury's administration. [1706 

of their Petition but the said three Members did not 
appear at the day appointed, So that on Fryday follow 
ing being the first of Decern' the House made a new 
Resolve In these words (viz^) Resolved on a Motion 
whether the three Members Should be heard by a 
motion or Petition, that they Should be heard by 
Petition. They not appearing to make good their 
Qualifications to Serve in the Assembly, at the time 
allow'd them, so that it is very Plain by the Joumalls 
the whole matter was fully examin'd after their own 
Methods, and that the Ghovernour did not hinder or 
molest them, or the Complainants in using such 
Methods as they thought fittest to right themselves, 
and these Gentlemen not appearing at the day 
appointed gave just Cause of Suspicion that at the 
time of their Election they were not qualif y'd by which 
it appears that the delay was occasion'd by themselves 
nor could it be reasonably expected that the business 
of the Country should be neglected by their Delays, 
but the truth of the matter lyes thus, When mr Morris 
the head of the Scotch Faction, and the rest of the 
tools of these Pretended Proprietors found that they 
could not gain their unjust Bill, or carry on their 
Arbitrary designs to the Ruin of the Country, theii* 
next chief Aim and business was as far as lay in their 
Power to oversett the whole frame of Government bv 
their Endeavours to prevent the Passing of an Act for 
the Support of it, and of a MiUtia Act to defend it. 
The whole History of their design will appear by the 
measures m^ Morris took during the whole Course of 
that Assembly, these proprietors pretend that the 
tack'd Bill for £1300 was the utmost the Country could 
bear and yet upon Passing the last Bill of £2,000, their 
tools, in the Assembly held at Burlington, endeavoured 
to destroy it, by pretending the Sum'e was too little 
for the Support of Govemm^ which shew how incon- 
sistent these Persons are with themselves when they 



1706] LORD cornbury's administration. 130 

are to Carry on their own unjust Designee, and how- 
ignorant these Gentlemen here in England are in 
matters transacted in that Country; they take it upon 
the single Credit of Letters from Two or Three factious 
troublesome Persons with* being able to judge of the 
truth of things, and on this Rotten foundation, pre- 
sume to trouble your LordP* with Memorialls stuff'd 
with scurrilous reflections of the Queens Governour 
and the whole Govemm* which I hope your LordP* will 
please to consider and allow it such a Weight as it 
justly deserves. As to the former Instructions for 
qualifying persons Elected and Electors it is notori- 
ously known to have been managed and contrived by 
these Proprietors and their tools on purpose to carry 
on their owne Designs, and to have it almost in theii' 
Power to choose what Assembly they Please, few per- 
sons in the Country having such a Quantity of Lands 
as is required, except these in their Interest, who had 
purposely and by indirect means got Large Tracts of 
Lands on pmpose to carry on this design but the 
happiness of the Countiy was, that her Ma'tie was 
graciously pleased to leave a Power in the Governour 
and Assembly to alter that Pernicious constitution 
which accordingly is done, to the great satisfaction of 
the whole Country, of which Act your Lord^" are the 
best Judges it now lying before you, and I hope your 
Lord"^ will be pleased to I'ecommend it to her Ma'tie 
for her approbation 

The next Act is an Act for support of Govemm' to 
which their Objections are very frivolous since by that 
Act mv Lord hath strictly observed his Instructions, 
there being no unpi-ofitable Lands tax'd, tho some 
liave been uncultivated, for the Assembly being very 
sensible that there was no method to raise money, for 
the Suppoi-t of Govemm' by way of Trade but upon 
fjand and Stock and by a modest Computation the tax 
will not amount to above 2}' P pound and these Gen- 



1-10 LOED comtbckt's ADXLSISrRATIOar. [1706 

tlem'' that Complain had thej anr Sense of Gratitude 
they oo^t to hare tfaank*d mj Lmrd and the Assembly 
for having their Lands in Flarticiilar excused, and the 
whole Coontrr as well as the Assemblj being highly 
satisfied with the reasonabtoieaB of the said Tax would 
have given the Revenne fcMr a Longer time, and instead 
of Complaining the Representatives with the Councill 
(except the pretended Agent CeSt Morris) were unani- 
moos, zealous and speedy in passing it, but that there 
never had been a generaU Tax throughout the Province 
so as to make a just Computation of what the Country 
was able to bear, which when known they would be 
very ready to settle such a Revenue, as would effectu 
ally answer the occasions of the Grovemm^ and tis 
very weU known that not an l^lnglish man was against 
it except a few who have joined themselves to a certain 
Faction who opposed it for no other Reason but 
because 'twas not done after their arbitrary Schemes 
and tack'd to their wicked and unjust Bill. Being 
always unwilling according to the motion of their 
Restlest spirits to comply to any reasonable thing, 
which themselves are not authors of. Your Lord*^ 
may judge of the temper of these Men by their false, 
scurrilous, and unmannerly reflections on a Person of 
Honour, (and her Ma'ties Gtovernour) without any 
ground, foundation or Proof, they having been so very 
well acquainted with bribing the Managers and late 
Undertakers of their wicked and unjust Bill which 
tended to the Ruin and oppression of the whole Coun- 
try, which makes them reflect so barbarously on 
oth<5r8; For your LordP" very well know that that Bill 
(contains nothing, but what is reasonable just and 
honourable, and tends to no other End, but the Interest 
it security of the Province, which all good Men ought 
to join in, and consequently no room for Indirect 
Mc^ns to gain so reasonable just and honourable Ends 
Ah to the next Complaint wherein they alledge that 



1706] LORD cobnbury's administration. 141 

my Lord does obstruct the Officers in the execution of 
their trust, these Gentlemen at home ought in the first 
place to make it appear that those Pretenders abroad 
in East Jersey have a sufficient Power to Commission 
any Officers at all, which I am well Informed they 
have not, as not having the Power of one Fourth part 
of the general Proprietors, for they want the authority 
of the majority of the Committe of Proprietors in Lon- 
don, in whom the Power of appointing and Commis* 
sioning of all Officers under the Generall Proprietors 
is vested 

And as to the Books, Records and Papers that any 
way concern the Lands or Personall Estates of the 
GreneraU Proprietors, his LordP has no intention of 
Livading the Right of mr Dockwra who has been their 
Sec'ry and Regist' above these 20 years by patent, as 
appears upon their Records, and made Tho? Gordon his 
Dep'ty in whose Custody they continued many years 
untill of late that m' Sonmans the Proprietors Agent, 
went over to New Jersey and by authority from the 
said m' Dockwra, and the Rest of the proprietors in 
London, moved his Lord? to command the said Gordon 
to deliver up all such Books, Records and papers of the 
Proprietors in his Hands, and thereupon put them into 
the Custody of mr Royce in East Jersey, there to 
remain untill mr Dockwra shall appoint his Deputy to 
receive into his Care and Custody all such Books 
Records and Papers belonging to the proprietors Lands 
and PersonaD Estates which will thereupon be 
presently deUver'd, producing such deputation, but for 
all other Books, Records and Papers relating to state 
mattei-s, or Govemm* they ought to remain in the Care 
of the Sec'iy of the Province, appointed by her Ma'tie, 
nor were any of them carried out of the Province as 
they falsely suggest 

Their next charge is that his Excellency hath 
appointtnl severall Officers with^ the advice of his 



142 LORD cornbury's administration. [1706 

Councill, which is not true in fact for he hath always 
Pursued his Instructions, and taken the advice of his 
Councill. As to the particular Instance of the Sheriff 
of Burlington 'tis a notorious mistake for he suspended 
that person by the advice of his Councill and again 
restored him by their advice also (and not otherwise) 
he being a man of Probity and understanding, one that 
hves well and Hospitably, is Loyall to the Crown & 
govemm* and will not be debauch'd by these factious 
Persons. As to the next Article which charges his 
Lord? with having given Commissions both in the 
Peace and Militia to contemptible Persons and without 
Estates it is as groundless as the other, for it is evident 
that his Excellency having displaced some persons 
recommended to him by these Informers who were 
not fit to serve, put in their Places Honest Men suffi- 
ciently qualifi^ to serve their Country and as for the 
Grentleman pointed at (supposed to be Coll^ Cox) as 
Commission'd in the Militia, there are some here ready 
to make appear, that he has a better Interest and 
Estate in West Jersey (as he has done formerly before 
your Lord"^) than most of these vexatious persons put 
together. 

In answer to their Charge against his Excellency of 
endeavouring to Procure an alteration in his Instruc- 
tions whereby to be Impower'd to admit any Pei-sons 
to purchase from the Indians to the great detriment of 
the Propriet" I must humbly refer your Lord"" to such 
Representac'ons (if any) as his Excellency has sent 
your LordP* whereby he used any such endeavours and 
its strange these Gentlemen who Complain should in 
this place take the Liberty of mentioning so many 
Acts of Despotick Power without having been able to 
make one of 'em seem evident 

And now may it please your Lord^ these Gentlemen 
are come to their finishing Stroke and do no less than 
protest against the Queens authority and the repre- 



1706] LORD cornbury's administration. 143 

sentatives of the People in Assembly which alone 
suflSciently discovers the ignorance of their advisers 
and how easily they are led into any gross Error to 
which I shall make no answer, But hmnbly Submit it 
to your Lord^* whether the bare aUigations of a few 
who have but very inconsiderable Interests in the 
Province and who are so much Strangere to it as to 
protest against the Acts of its legaU Constitution upon 
the information alone of a Few troublesome factious 
Persons these should meet with any Countenance from 
your Lord"^ but on the Contrary such a reprimand as 
may deter others from attempting for the future a 
thing tends so directly to the disturbance of her Ma'ties 
Peace and the tranquihty and quiet of her Qovemm^ 
in those parts. 

I cannot omit putting your Lord^ in mind of what 
the Lord Combury has represented upon his having 
suspended mr Morris a second time from sitting in 
Councill, and whether the Reasons offer 'd by his Lordr 
for the same which are his Constant opposing her 
Ma'ties Interest, his frequent & wilfull absenting him- 
self from the Coimcill neglect of his Duty and con- 
tinuall endeavours to embaiTas and perplex the 
business and affairs of the Country, are not SuflScient 
to satisfie yom* Lord^" that he is a Pson very unfit to be 
continued of her Ma'ties Councill. 

And lastly I humbly begg that your Lord"^ will 
excuse any insuflSciency of these Answers because I 
have been oblig'd to Collect 'em from such informac'ons 
as I could best pick up, at so great a Distance from 
the Place where mattere were transacted; And that 
your LordH* will be pleased to deferr giving any Credit 
to thi^ allegations of the Complainants imtill his 
ExcelPf* can have time to send your Lord**" such an 
answer of his own as may set this affair in a true light, 
and fully satisfie your Lord^" that his Conduct in the 
Gov^Tiiineii^ of the Province has been agn^able to Liiw 



144 LORD cornbury's administratiok. [1706 

and the Instructions given him and that he has no way 
forfeited the Continuance of your Lord^ gobd opinion 
and favourable Protection of him, 

I am. 
May it please your Lordshipps- 
London Febry the Yo' Lord*^ most dutifull 

14*** I70g & most, Obed^ hmnble Serv* 

W Sloper. 



Letter from William Popple^ Jun.^ Secretary to the 
Lords of Trade, to William Sloper, about Lord 
Combury^s Salary. 

[From P. R. O. B. T. New Jersey, Vol. 12 p. «79.] 

To MT Sloper. 

My Lord Combury having acquainted the Lords 
Commissioners for Trade and Plantations, in one of 
his late Letters, that Her Majesty has appointed him, 
as Governor of the Jerseys, a Salaiy of Five Hundred 
Pounds p Annum ; Their Lordships have commanded 
me to desire, you will inform me when and how the 
said Salary was Settled on his Lordship. 
I am, 

sr 

Your most hmnble Servant, 

W^ Popple, junr 
Whitehall Apr. 5. 1700 



17061 LORD corxbury's administration. 145 



Order in Council revohiny Colonel Ingoldeshy^s Com- 
mission as Lieutenant'Oovemor of New York, 
and appointing him one of the Council of New 
Jersey, 

(From N. Y. Col: Doc'te, Vol. IV., p. 1174. J 

At the Court at Kensington the 11*^ of April 
1706 Present the Queen's Most Excel- 
lent Majesty in Council 

Upon reading this day at the Board, a representation 
from the Lords Commiss" for Trade and Plantations 
dated the 8'*" inst : in the words following viz^ 

May it please Your Majesty 

Having received letters from New York and New 
Jersey and particularly from Coll. Ingoldesby, relating 
to his two Commissious from your Majesty, one as 
Lieut* Gov' of New York & the other of New Jersey, 
wee do find that the execution of the said two Com- 
missions does cause disordei's and diflferences in these 
Goverm^" with i-egard to the Gov' in Chief and other- 
wise, Whereupon we do humbly represent to Youi* 
Majesty that upon the suri'ender of the Govern* of 
New Jersey to your Majesty the Gov' in Chief of the 
neighbouring province of New York, was by a distinct 
commission constituted Gov' of the said province of 
New Jei-sev. And whereas the Gov.' of New York, 
does mostly rc^side at New York and that upon the 
occasions of his being absent from thence to visit the 
Jei-seys, there is a jMesident and Council in New York 
for the dispatch of business there. Wee are hmnbly of 
opinion, that your Majesties sei-vice does no ways re- 
10 



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i#e i(HfliH!9C ^ uofooxn inxL £f i2if^ ant L^fmnciE f£ 5 

OiiniiaE v^ 3te»- Jasipir. joii ite £k^ Bom* ' IT S«ir: 
3!fQ»§ i V- /aB»i- A Wjssaofi -vr W&rrKZfi^ t: • lie- pne^ 



Trim ? a. : i T J^^ Tnrt 5.i. 3i». Sac. BwiL T i. -:-v 



Ty lie R H.>d^ M^ So-^ Hr^i^:^ 






1706] LORD CORNBURY^S ADMINISTRATION. 147 

for revoking the Commission of Collonel Ingoldesby 
as Lieutenant Governor of New York and for Consti- 
tuting him a Member of Her Majesty's Cound* of 
New Jersey. We are. 

Sr 
Your most humble Servf 

Dartmouth 
WhitehaU ApriU Rob^ CeciU. 

24^ 1706. Ph: Meadows. 

W™ Blathwayt. 
Mat: Prior. 



Right Trusty and Wellbeloved Cousin Wee Greet 
you well. Whereas it has been represented unto Us, 
That the Execution of the Two Com'issions Wee have 
been pleased to grant to Our Trusty and Wellbeloved 
Richard Ingoldesby Esq' Lieutenant Governor of New 
York and of New Jersey does Cause Disorders and 
differences in those Governments. Wee have there- 
fore thought to revoke & Null and determine as wee 
doe hereby revoke AnnuU and determine Our Com- 
mission to the said Richard Ingoldsby to be Lieutenant 
Governf of Our said Province of New York, declaring 
the same to be void to all intents and purposes as if no 
such Com'ission had ever been granted ; 

Whereof you are to give Notice to the said Richard 
Ingoldesby that he may pay due Obedience to Our 
Pleasure hei-ein: And that you Cause the same to be 
registered in the Books of Our Councill of New York ; 
And it having been further Represented unto Us, That 
the said Richard Ingoldesby notwithstanding his being 
Lieutenant Governor of New Jersey, where it will be 
his duty to reside is not yet appointed of the Coimcill 
there. Our Will and Pleasure is. That upon the 
Receipt hereof you doe forthwith Cause him the said 
Ingoldesby, to be Sworn and admitted of Our Councill 



148 LORD CORXBUBY'S ADMIXI8TBATIOK. [1706 

of Our Province of New Jersey as aforesaid. And for 
so doing this shall be your Warrant, and so Wee bid 
you heartily farewell. Given at Our Coiul; at 
the Davof 1706. In the Fiftb 

Year of Our Reign 

By Her Majesty's Com"* 



Letter from the Lords of Trade to Governor Combury. 

[From P. R. O. B. T. New Jersej. Vol. 12 p. 2»J.] 

To the Right Hon*^ the Lord Combury, Gov- 
ernor of New-Jersey. 

My Lord, 

Since Our Letter of the 4^*" of Februaiy, a Duplicate 
whereof is here inclosed. We have receiv'd your Lord- 
ships of the 27*?* of November last. 

In Answer to what Your Lordship says, relating to 
the number of Acres of Land necessary to Qualify 
Persons to Elect and be Elected Members of the Gen- 
eral Assembly ; We must refer your Lordship to what 
we writ you in Our foresaid Letter of the fourth ot 
February. 

We obsei-ve that your Lordship writes in relation to 
the Salaries of the respective OfHcei's in your Govern- 
ment of New Jei*sey ; But we do not think it necessary; 
they should be so high as those in New- York, New 
Jei-sey not being so considerable a Province ; However 
yom* Lordship will do weU to move the Assembly 
again to provide sufficient Salaries for the said respect- 
ive Officers, in case the present settled Revenue will 
not answer those Ends, whereof the Establishment 
should be sent to Us. 

Your lordship says. That Her Maiesty has been 



1706] LORD cobnbury's administration. 149 

pleas'd to Settle Five Hundred Pounds Sterling a Year 
upon you for that Govemm* But your Lordship does 
not tell Us how and when the same was done, & by 
what Estabhshm^ 

We are glad to understand j our Lordship's Resolu- 
tion of not engaging yourself in any Party, but of be- 
having yourself equally to all Her Majesty's Subjects ; 
which will most tend to Her Majesty's Service, and 
Good of the Country. 

As to Col? Ingoldesby ; We are to acquaint youi* 
Lordship, that Her Majesty has been pleas'd to 
revoke the Commission to him as Lieutenant-Governor 
of New- York, and to order that he do reside in New 
Jersey, where he is likewise appointed one of the 
Council. 

W(B are My Lord, Your Lordship's 

most humble Servants, 
Dartmouth. 
WhitehaU, W™ Blathwayt. 

May V} 170IJ. J°/> Pollexfen. 

Matt. Prior. 



Fj'Ovi Oouernor Lord Cornbury to the Inhabitants of 
Bergen^ asking for trees to construct stockades, 

:From the OrU^rlnal among the N. J. Hist. 8oc. MAS.] 

[Addressed] 

To the Lihabitants of the Town of Bergen in 
the Eastern Division of New Jersey 

New York May the W 1706 
Gentlemen 

Having had intelligence lately from the West Indies 
that a french Squadron of Men of Warr with Land 
forces on board them, intend to attack this place, I 



150 LORD C0KNBUBY*8 ADMINIStRAtlON. [1706 

am taking the best methods I can to put the place into 
a position of defence, for which purpose I shall want 
a considerable number of Stockades, and being in- 
formed that there are great numbers of trees growing 
upon bergen point fit for that purpose, I send this 
therefore to desire that you will allow some persons 
who shall be sent from heare to cut the Stockades we 
want, and likewise that some of your people may help 
with their Carts to bring them to the water side for 
which they shall be paid. 

I am Gtentlemen 

Your assured friend 

CORNBURY 



Affidavit of Charge Ingoldeshy relating to sundry Pro- 
ceedings of Lord Combury. 

[From P. R O. B. T. New Jersey, Vol. 1, C. 25.] 

Affidavit of M"" Ingoldesby relating to M*" Re- 
vel and Leeds two of the Council of New 
Jersey, and to the Arbitrary Proceedings 
of the Lord Combury &c 

George Ingoldesby late of the Province of New Jer- 
sey in America Gent maketh Oath that in or about 
the Month of Novemb' in the Year of our Lord 1703, 
an Assembly having been Called, and Chosen, prepared 
Bills for SettUng the rights of the propriet" and plant- 
3T8j and for Raiseing a Revenue of ffifteen hundred 
pounds for One Year, and One Thousand pounds 
Yearly for Two Yeares more; for y* Support of the 
Government, which said Assembly was afterwards 
dissolved, and in 1704 another Assembly was Called, 



1706] LORD corkbury's administration. 151 

who mett, and Attended his Excellency my Lord 
Cornbury in Coiincell, in Order to be Sworne, But M' 
Thomas Revell, and M* Daniel Leeds, Two of his Lord 
shipps Councell objected against Three of the Members 
Returned (Viz') M' Thomas Lambert, M' Thomas 
Gardner, and M' Joshua Wright as persons not having 
a Thousand Acres of Land a piece, and therefore not 
Qualify ed to Serve in the Assembly; tho they were 
Grenerally knowne to have so much Land at the time 
of the Elec'ion, and had made it appear before the said 
Revell and Leeds, tho as the Depon* humbly Conceives 
it was not Examinable by his Lopp^, or his Councell, 
but in y® house of Representatives, or Assembly only, 
Yet his Lopp' Refused to Swear the said Three Mem- 
bers, and Excluded them from Sitting to Serve their 
Country. And this Depon^ further Saith That y' 
County for which the said Three Members were Cho- 
sen, and Several other Representatives delivered an 
humble address to his Lopp*', desiring that y^ afore- 
said Three Members might be Admitted into the As- 
sembly, but they were Still kept out upon y** Ground- 
less Suggestion of Revell, and Leeds, And the said 
Address Called a piece of Insolence, and 111 manners : 
And this Depon* further Saith that by this Ulegall 
Exclusion of the said Three Members, his Lopp's party 
gained a Majority by One in the house of Representa- 
tives, And then Adjourned the hearing of the Case of 
the said Three Members till his Lopp', and his party 
had Obtained the Ends for which the New Assembly 
had been Called : flf or this Depon* Saith that while the 
Case of the said Three Members was depending, his 
Lopp' Caused a Bill to be p'pared, and passed for tak- 
ing away the Qualifications of Electoi^s, and the 
Elected, and of placeing the right of Chooseing, and 
of being Chosen in the Freeholders Generally, without 
any Express Value of their Estates: And this Depon* 
further Saith That after these proceedings, and another 
Act, or Acts had passed in the Assembly, a day for 



152 LORD CORNBURY's ADMINISTRATION. fl706 

hearing the Case of the said Three Members was ap- 
pointed, And the said Re veil, and Leeds had Notice 
thereof but never appeared against the said Members, 
and thereupon the House after a full Examinac'on 
declared the said Three Members duly Qualifyed, and 
Sent Two of their body to acquaint his Lopp' there- 
with, Who (Notwithstanding it is Expressly declared 
in the aforesaid Act that the Representatives meeting 
in Generall Assemblyes Should be the Judges of the 
QuaUficac'ons of their own Members) Told the Mem- 
bers that were sent with the aforesaid Message that 
He alsoe must be Satisfyed with their Qualificac'ons, 
as well as the house, and Still kept them out of y" 
Assembly: And this Depon* ftu'ther Saith that the 
said Lord Combury hath assented to a Bill in the 
aforesaid Assembly for Taxing without distinction. 
All Lands profittable, or Unprofittable belonging to y' 
Inhabitants in New Jersey, whether Residing there 
themselves or by then* Tenants, which Said Tax is 
Imposed for raiseing a Revenue of 2000£ p. Anm for 
Two Yeares under p'^tence for the Support of her 
Maj^^"' Govemm^ there. And hath Contrary to y*^ Ad- 
vice of his Councell appointed Fees for Patenting 
Lands; And this Depon^ further Saith that the said 
Lord Cornbury hath Ordered All pubUck Books, 
Records and papers to be delivered to M' Jeremiah 
Base, who hath Carryed them out of the province of 
East Jersey, and hath without y' advice of his Coun- 
cell Constituted Severall Officers, and particularly 
WiUiam Fisher Sheriff of BurUngtone who was Sus- 
pended by his Coimcells Order, but is Continued Nev- 
ertheless to Act by his Lopp's Appointm', Ajid his 
Lopp' hath put into y"" Commission of peace Severall 
persons of Scandalous Reputac'on, and in particular 
One Ric'd Salter whome his Lopp' knew to be under 
prosecuc'on for Felony: And this Depon^ fm'ther Saith 
That Thomas Rillingworth Judge in Salem County is 
known to his Lopp' to be a Scandalous person, and 



t 
I 



1706] LORD C0RNBURY*8 ADMINISTRATION. 153 

Owned by him publictdy as Such And this Depon* 
Saith that y* aforesaid W"' Fisher has been bnmt in 
the Hand as a Criminall, and one Guilty of Notori- 
ous Rogueries, and was Suspended by the Councell, 
and Restored again by his Lopp' to Act his Rogueries 
de Novo: for in a late Elecc'on without Assigning the 
least Cause for what he did, he refused (as Sheiiflf) to 
allow any person to Vote, unless for Such Men as he 
named, and the Quakers in particular were wholey 
Excluded their right of Voteing, And this depon' fur- 
ther Saith that upwards of One Hiuidred & fifty of 
the people at that Elecc'on, protested against y' Illegall 
proceedings of the said Fisher the Sheriff, And this 
depon* further Saith that by reason of the aforesaid 
Tax upon Unprofitable Lands, And the Arbitrary pro- 
ceedings of the said Lord Combury, Severall people 
have been discouraged from Settling within y*" Bounds 
of his Jurisdicc'on, and particularly Thirty people who 
Came from Esopus, and Albany with Intent to pur- 
chase Land there, but hearing of his Arbitrary pro- 
ceedings went to Pensylvania: And this Depon* 
fmther Saith that Contrary to y"' Seaventh and Eighth 
Acts of William & Mary his Lopp' has made a French- 
man Receiver Generall, and One who is not Soe much 
as an Inhabitant of the Province And Contrary to y* 
Trust reposed in him doth misapply great part of the 
Publick Revenue by reason whereof and of his Neglect 
in payment of the Souldiei's the Fronteers of New 
Yorke province are Neglected and Left defenceless All 
which proceedings of the said Lord Combury if Speedy 
Care be not taken will in this Depon'" Judgment turne 
to the utter mine of Trade and Impoverishm* of the 

Said Provinces 

Geor: Inooldesby 

Jm'at 16° die July Anno D'ni 

1706 coram me 

\ Tho Rawlinson Mayor 

[A similar affidavit was made on the 15*^ July, 1706, 



154 LORD CORNBURY^S ADMINISTRATION. [1706 

by John Hamilton, excepting that the reference in this 
to the characters and acts of William Fisher and 
Thomas RiUingworth is omitted. It Closes with the 
following paragraph, which is not found in the above: 
^'And this Depon* further Saith that his Lo'pp hath 
been Guilty of Bribery and this Depon* the better 
knows the Same for that John Johnstone John Harri- 
son George Willcocks Miles Foster and SeveraU others 
told this Depon^ that they had given his Lop'p Two 
hundred pounds to befriend them in Some particular 
Matters." Both affidavits were received by the Lords 
of Trade on May 19th, 1708.— Ed.] 



Letter from Lord Cornbury to the Lords of Trade^ 

about Proceedings in New Jersey. 

[From P. R. O. B. T., New Jersey, Vol. 1, C. 8.] 

Letter from Lord Cornbury to the Board.^ 

New York 7^" the lO^*^ 1706 

My Lords 

In your Lordshipps Letter of the 4*** of February 1706, 
You are pleased to direct me to readmit M' Morriss into 
the Councill upon his submission. I assure your Lord- 
shipps that he shall noe sooner doe the one, but I will 
doe the other, and I shall be very well satisfied if the 
Gentlemen who have answered for his behaviour to your 
Lordshipps doe not find themselves mistaken ; I return 
your thanks for the confirmation of the three Grentle- 
men I recom'ended to be of the Councill of New Jersey ; 
As to what relates to M' Peter Sonmans I must 

> Reod: from Mr. Sloper, 88 NoTember, 1706. 



1705] LORD corkbuby's administbation. 165 

acquaint you that he has been here some time, and I 
have not observed any thing in him yet but is very 
well, he is dilligent and zealous in promoting the Pro- 
prietors Interest; but has always done it with that 
respect to her Majesty that became him, and indeed I 
look upon him to be a very fit Person to seme in 
Councill, there is now Uuing for the Western Division 
M' Jennings, M' Reuell, M' Davenport*, M' Deaxjon, and 
M' Leeds for the Eastern Division, Captain Andrew 
Bowne, M' Pinhorne, and M' Sandford, besides Collo- 
nell Quary, and her Majesty having been pleased to 
Add Collonell Coxe, Col: Townley, and M' Mompeson, 
and your Lordshipps having directed me to restore M' 
Morriss upon his submission, there will be noe Vacancy 
yet, but M' Reuell, Mr" Davenport, and Capain Andrew 
Bowne are all three dangerously ill at this time and 
T am afraid of an incurable disease, I mean old 
age, besides other distempers, I send you inclosed 
the names of twelve persons which I think are the fittest 
to seme in Councill, as others drop oflf ; I have perused 
the Attorney Gtenerall Northey's opinion, and will take 
care that it be observed; As for what your Lordshipps 
observe concerning the Acts of Assembly passed in 
1704: I will endeavour to get those alterations you 
desire, made at the next Sessions which is to begin at 
Amboy on the 24*** day of S***' next; Your Lordshipps 
are pleased to say that a Complaint has been made to 
you that the Elections for the last Assembly were 
made in such hast, that thei^e was not due and timely 
notice, if soe the fault must be among the Sherifs, for 
I have always directed the Secretary to take care there 
be at least forty days allowed between the Teste, and 
the Retume of the Writt. Your Lordshipps Ukewise 
mention a complaint made that three Members were 
kept out of the Assembly upon some objections made 
against them by M' Reuell, and M' Leeds, and that 
after the said objections were removed, I still refused 



156 LORD CORNBURY's ADMINISTRA.TION. [1706 

to admit them. As to this matter I must beg leave to 
referr your Lordshipps to my letter of the 27*** of O***' 
1705 which went by her Majesty's Ship Nonsuch Cap- 
tain Boyce Commander. In that letter you wiU find 
that as soon as they remoued the objections they were 
admitted. As for the complaint made by the Proprie- 
tors of the Western Division, I have this to say, that 
at my first taking possession of the Government of 
New Jersey seuerall prople complained to me that the 
Agent for the Proprietors very often refused to let 
them see the Record where their Patents were recorded, 
and that they had great reason to beUeve that their 
Patents were not fairly recorded, and desired that the 
Records might be lodged in the Secretary's Office 
where they might have resourse to them at all times, 
which I ordered accordingly, but since your Lordshipps 
are of opinion that they ought to be restored to the 
Proprietors Agents, I will take care it shall be done 
forthwith. As for the Records of Deeds and Convey- 
ances being carried out of the Province, I know noth- 
ing of it, nor doe I beUeve it has been done. The next 
Complaint your Lord mention to have been made to 
you is that I have put into the Commission of the 
peace severall mean and contemptible persons, perticu- 
larly one Salter whom (they say) I knew was under 
prosecution for felony, and that I have granted Com- 
missions in the MilUtia to other persons who have noe 
Estates in the Prouince; to this I answer that I have 
not put one Man into the Commission of the peace in 
the Province of New Jersey, but such as have been 
recommended to me by one, or more, of the Gentlemen 
of her Majesty's Councill for that Province. As for 
Salter he was recommended to me by Captain Andrew 
Bowne, and I doe solemnly protest I never heard that 
he was under any prosecution at all till I received your 
letter, and since that time I have made the strickest 
inquiry I can about that matter and I doe find that 



1706] LORD cornbury's administration. 157 

severall years agoe there was one Salter that was 
under prosecution in England for some Crime, but 
what that Crime was I can't learn, but it is positively- 
affirmed to me that this is not that Man, and realy if 
he were that Man it would be a pretty extraordinary 
thing that the Coimtry should choose such a Man to be 
one of their Representatives in Grenerall Assembly, for 
he is actually soe now in this Assembly, and I protest 
T never yet saw any thing iU in the man; as for the 
Millitia Officers, I have always chosen them by the 
Recommendation of the Grentlemen of the Councill or 
the Field Officers of the respective Regiments, and by 
the best inquiry that I can make, I can't find that 
there are such scandalous persons in Commission, 
whenever any body will inform me of any such per- 
sons I shall soon remove them; Your Lordshipps shall 
have fair Transcripps of all the minutes of Coimcill 
and Assembly with the fii'st opportunity; and all other 
directions you are pleased to give me shall be duely 
observed by 

My Lords 

Your Lordships most faithful! 
humble servant 

CORNBURY 

I have I'eceived the New Seale for the Province of 
Nova Caesarea. 

Since I finished this Ijetter some of the Gentlemen 
of New Jersey have been with me, and desire me not 
to send any List till the meeting at Amboy which will 
be veiy shortly I find they have a mind to recomend 
some pei*sons, therefore I intreat your Lordshipps will 
not be displeased that I doe not now send the List 
which I had prepared. 



158 LOKD cornbuky's administration. [1705 



Summons from Lord Combury to the Councill of 

West Jersey. 

LFrom copy in Alexander West Jersey Papers, p. 147.] 

Edward Viscount Cornbury Captain Generall 
& Gk)uemor in Chiefe in and ouer the 
Prouince of New Jersey New York and all 
the Territories and Tracts of Land Depend- 
ing thereon in America & Vice Admirall of 
y*same&c 

To Samuell Jennings^ Tho: Gardner John Read- 
ing Christopher Weitherell William Riddle 
and others that Call themselves the Coun- 
cill of Proprietors of y* Western Devission 
of y* Prouince of New Jersey. Oreeting 

You are hereby Required and Comanded to Attend 
me in Councell att Burlington the Twentieth day of 
April next ensueing then and there to show what 
Authority You haue or Pretend to as a Coimsel of Pro- 
prietors and from Whom you deriued that Authority 



> Samuel Jenings and his family arrived in West Jersey in September, 1680. He 
was oonmtiissioned Governor by Edward Byllynge soon after his arrival, and at the 
suggestion of William Penn, allowed himself to be elected to the office by the people, 
shortly after; causing diflferences with Bylljmge which led to his being sent by the 
Assembly to England, with Thomas Budd, to confer with him in relation thereto. 
The mission was only partially successful. The differences were referred to the 
** judgment and determination'* of George Fox, G. Whitehead and twelve other 
distinguished Friends, whose award was to the effect that, the government was 
rightfully in Byllynge, and that no authority existed for the election of a Governor 
by the people. In consequence of this award, made in 1684, Byllynge in 1685 
appointed John Skene to be Deputy Governor. For some years this mission of 
Jenings continued to be a subject for discussion, calling for much animadversion 
and recrimination on both sides.— See ' * The Case Put and Decided and Truth Rescued 
from Forgery & Falshood 1699." 

During the period of suspense that antedated the conferment of the government 
on Lord CJombury, Jenings was recommended for one of the Council, he at that 
time (1701) being Speaker of the West Jersey Assembly, having continued to fill 



1706] LORD cornbury's administration. 159 

and that in y*' meantime you forbear Granting any 
Warrant for Laying out Lands or making New Pur- 
chases from the Indeans without first Obtaining a 
Lycence from the Government according to y* Act 
intituled An Act for Begulating the Purchasing of 
Lands from the Indeans, And of this you are nott to 
faile. 

Given in Councell the fourteenth 
By his Excellencys day of Nouember in y* fifth year 

Comand of her Majesties Raigne Anno 

Dom. 1706 

J. Bass Sec. Cornbury 



Letter from Lord Cornbury to the Lords of Trade. 

[From P. R. O. B. T. New Jersey, Vol. 1, C. 12. J 

Letter from the Lf Cornbury tx) the Board; 
Reed 28*? April 1707. 

New York 9^^^ the 18^*^ 1706 
My Lords 

In my letter of the 10*'' of 7^'^' last which went by 
the Mast Fleet from Boston I acquainted your Lord- 



positioiis among his fellow Jerseymen notwithstanding the difficulties above 
referred to. A contemporaneous writer says of him, '' he was a suppressor of vice, 
and an encourager of virtue, sharp towards evil doers, but tender and loving to 
them that did well: giving good counsel and wholesome advice to friends and 
neighbors ; an able minister of the gospel [among the Quakers] and laboured much 
therein, to the comfort and edification of many people both in this province and 
other places." Mr. Jenings was made one of Lord Cornbury 's Council and con- 
tinued such during the rest of his life, which ended in 1706. Diuing most of this 
time he as also Speaker of the Assembly and several documents of interest Uiat 
have his name attached to them, show that his position in the Coimcil of the Gov- 
ernor did not prevent his presenting in the most forcible manner views which he 
knew were at variance with those of that functionary. Smith says of him: '* Alive 
to the more generous emotions of a mind form'd to benevolence and acts of 
humanity, he was a friend to the widow, the fatherless and the unhappy, tender, 
compassionate, disinterested; abhorring oppression in every shape, his whole con. 
duct discovered a will to relieve and befriend mankind, far above the littleness of 
party or sinister views.'' He left three daughters, who married three brothers 
named Stephenson.— Proud 's Hist, of Pennsylvania, Smith's Hist, of New Jersey, p. 
8&, Field's Provincial Courts, p. 68. 



160 LORD CORNBUBY'S ADMINISTRATION. [1706 

shipps that the Assembly of New Jersey was to sit at 
Amboy on the 24*^ of 8^' to which time it had been 
adjourned, at my arrivall at Amboy, I found none of 
the Ooimcell there, and but four of the Assembly, this 
was upon friday, soe I thought fit to adjourn the As- 
sembly till the Munday following, to give the Mem- 
bers both of the Councill and Assembly time to come 
in, on the Saturday M' Pinhom, M' Mompesson, and 
Collonell Townley arrived, on Munday CoUonell In- 
goldesby and Collonel Cox came to towne and four 
more of the Assembly, soe there not being enough to 
make a house I adjourned the Assembly to the next 
day, and soe for severall days, on tuesday Major Sand- 
ford arrived and four more of the Assembly, and on 
thursday I received letters from the Western Division 
to acquaint me that M^ Reuell, M' Davenport and M' 
Leeds, all three of the Councill were very 111, and 
likewise that the Speaker was ill but hoped in a few 
days to be able to travell, M' Jennings who is a quaker 
and one of the Councill wrote to me himself to de- 
sire that he might be excused from serving any more 
in Councill, saying that the Charges that attended 
that service were too great for a Man in his circum- 
stances. I acquainted the rest of the Councill with 
that letter, who were all of opinion that his request 
ought to be granted, which I have agreed to, and if 
your Lordshipps please that M' Sonmans be admitted 
in his stead, it shall be done, as soon as I receive your 
Orders for it. ' 

After having attended till the 14*^ day of i»''^' and 
finding noe likelihood of any more Members of the 
house coming I adioumed the Assembly by Proclama- 
tion to the 12*'' day of March next, but since that, hav- 
ing discoursed Collonell Quary, and some others of 
the Councill, I have resolved to disolve that Assembly, 

* The Queen in CouncU, May 20, 1707, appointed Mr. Sonmans in place of Mr. 
JeningB. P. R O. B. T. New Jersey. VoL 1, C. 14.— Bd. 



1706] LORD CORNBURYS ADMINISTRATION. 101 

that we may have a new one Chosen according to her 
Majesty's Additionall Instruction to me. 

I must now beg leave to acquaint your Lordshipps 
that having last Summer received from M' Secretary 
Harley her Majesty's Royall Commands to cause a 
Grant, or Grants, to be passed under the seale of the 
Province of New Jei-sey of aU the Proprieties and 
shares of Arent Sonmans deceased, and Peter Son- 
mans his Son, to one Joseph Ormston of London Mer- 
chant and Eachell his Wife; this letter was brought 
to me by one John Ormston, at a time when my Wife 
lay very ill of a sicknesse of which she is since dead, 
this Ormston was very pressing for me to goe imme- 
diadely into New Jersey to dispatch that Grant, the 
letter being directed to me and Councill, I told him 
that as soon as I could see my Wife in such a condi- 
tion that I might hope to find her ahve at my return I 
would goe, And accordingly I did in some time after 
that (hoping my Wife had been upon the recovery) 
send to the Secretary of New Jersey to acquaint all 
the Gentlemen of the Councill that I desired them to 
meet me at Amboy on a certain day in June, at which 
time I was there according to appointment, but there 
met me but three of the Councill. And as by my In- 
structions, I am directed not to Act with lesse than 
five .unlesse it be in Cases of Emergency, in which I 
may act with three, soe I did not think this Case to be 
of that nature, espetially when the Secretary acquaint- 
ed me that M"^ Peter Sonmans had entred a Caveat 
in his Office against the passing of any such Grant 
before he was heard ; I told M' Ormston that I was 
Sony it hapned soe that he could not be dispatched at 
that time, but that I hoped in a little time I should 
get the Councill together, and that he should always 
find me ready to obey her Majesty's Commands in all 
things; after this I returned to York whei'e the people 
were in continual allarms occasioned by the frequent 
11 



1652 LORD COBNBURY's ADMlNlStRATlON. flT06 

accounts we had fi'om the West Indies, of Monsieur 
D'Ibervilles design of attacking this place, And indeed 
I did not think that a proper time to be absent from 
this place. I was therefore forced to put M*^ Oimston 
off till the time the Assembly was to meet at Amboy, 
which was to meet in 8^*"* this M' Ormston was ex- 
treamly angry at, and told some persons here that he 
would send complaints against me into England for 
this delay, this came to my knowledge but within a 
few days, and that is the cause of my troubling your 
Lordshipps with this matter at this time hoping you 
will be soe kind as to stand my friends on this occa- 
sion, considering the reascms that obUged me to it. I 
shall now farther acquaint your Lordshipps that being 
at Amboy at the time the Assembly was to have sate 
there, and there being five of the Councill there I did 
acquaint them with the Commands I had received 
from her Majesty, and ordered the letter to be read, 
which being done and the Secretary acquainting the 
board that M' Sonmans had entred a Caveat in his 
Office, I ordered M' Ormston and M' Sonmans to be 
called in, and acquainted them that I had commmii- 
cated the Queen's Commands to the Councill, and that 
we were ready to hear what they had farther to offer 
upon that subject. M"^ Ormston said that the Queen's 
Orders were positive and that he expected in obedience 
to them he should have a Grant under the Seale of the 
Province, of the Estate of Arent Sonmans deceased, 
and Peter Sonmans his Son, to this M' Sonmans re- 
plied, that this Order was obtained after he left 
England, and consequently without his being heard, 
that he is naturalised, and consequently ought to be 
looked upon as a nalurall born subject, and that as 
such he ought not to be divested of his free hold with- 
out being heard, that he had many things to offer 
against the passing of any such Grant, and desired he 
might be heard by his Councill. this was thought a 



1706] LORD corkbury\s administration. 163 

reajsonable thing, and it was ordered that he should be 
heard by his Councill on the Munday following, this 
Order was made on Saturday the 9"' day of 9^*'^ and 
accordingly on munday M' Sonmans Councill wa.s 
heai'd. M*" Omiston hauing Councill alsoe, the Coun- 
cill for M' Sonmans insisted that the Queen was de- 
ceived in her Grant and offered many reasons to prove 
it, which I dont trouble your Lordshipps with now 
because I have sent a full account by the way of the 
West Indies, they farther insisted that, though an 
Alien can hold noe Lands but in the Right of the 
Crowne, yet the Queen can make noe Grant of any 
su<.*h Lands till they are vested in the Queen by an 
Office found upon Record; the Coimcill for M' Ormston 
did not offer any things against the points of Law 
urged by the Councill of the other side, but insisted 
that the Queens Commands were positive and ought 
to be obeyed, and that the Gouuemor and Councill of 
New Jersey are not competent Judges whether the 
Queen's Commands shall be obeyed or not, and this 
was all that was offered on that side, this being done, 
I desii'ed the Gentlemen of the Countill to consider 
what had been offered on both sides, and that if they 
were not ready to give their opinions then, they should 
have time, but I had rather they would doe it then, 
they all said they were ready, and declared one after 
another, that they were of opinion that noe Grant 
ought to passe, till the whole matter were humbly 
laid before her Majesty, And her pleasure farther 
known; this I have endeavoured to doe as fully as I 
could by way of the West Indies, both to the Right 
Hono^** M*^ Secretary Harley, and to your Lordshipps 
of which I would have sent duplicates by this Ship, but I 
am come to towne Just time enough to write this letter. 
I am My Lords Your Loixiships 

most faithfuU humble servant 
L**.* of Tmde &c. Cornbury 



164 LORD corkbury's administration. [1707 



Petition from Proprietors and Purchasers of West 

Jersey to Lord Comhury. 

[From original in Alexander West Jersey Papers, p. 140.J 

To Edwaed Viscount Cornbury Captain Gen- 
erale and Govemour in chief in and over 
the Province of New Jersey New York and 
all the territories and tracts of land depend- 
ing thereon in America and Vice Admirall 
of the same &c: 

The humble petition of divers of the proprietors 
and purchasers of the western division of New Jei-sey 
in all humiUty sheweth. — 

That Whereas we are fully Informed that the 
Councill of Proprietors for the western division have 
received a Prohibition from the Lord Cornbury in 
Coimcill held at Amboy the fomieenth day of Novem- 
ber Anno Dom: 1706 for granting any warrants for 
laying out lands &c by reason whereof no warrants 
can be obtained for that end, to the great prejudice of 
such as haue (as they Concieve) a good and lawful! 
right to take up their Just proportions of land In the 
division aforesaid haveing as good an undevided right 
as any else can pretend to and have also bought the 
same of the Indians for a very valuable consideration. 
Wherefore we humbly pray that such prohibition 
and Impediments may be removed and we evidencing 
our rights to such person or persons as the Proprietors 
have appointed to Inspect the same may be admitted 
thereto and we shall as in duty bound forever pray. 

Thomas Brian John Sharpe Henrt Burr 

WiU/M Stevenson Richard Haines Samuel Lipincott June 

Daniel Wills William Heulings Richard Fenimore 

John Gosuno Henkt Balunoer 



1707] 



LORD COBNBUBY's ADMINISTRATION. 



165 



Will. Petty Jr 
Edwakd Elkinton 
Joshua Humphbdss 
Thmbias Eyes 
Thomas Stoker 
John haines 
William Evens 
Benjamin Moobe 
Stephen Wilson 
John Hobten 
Thomas Wilkins 
William Horton 



John Jones i his mark John Shinn 

John Stokes 

John Woolman 

John Clark 

Joseph Kirkbride 

Wm Biles 

John Swift 

Roger Parke 

Samu< Ferris 



Nath Pope 
John d Day 

iiinrk 

John Abbat 
Matthew Watson 



Thomas Peacher 
Nathan Allen 
Edward Rockhill 
John Bacon 



Speech of Lord Cornbury to the Assembly of New 

Jersey. 

IFrom P. R. O. B. T. New Jersey, Vol. 1, C, 18.] 

Copy of the Lord Comburys Speech to the 
Assembly of New Jersey recommendmg 
to their care the Dispatch of pubUc Busi- 
ness &c* referred to in his Lord^ Lre: of the 
7 June 1707 Rec'd: 27 Janu: 170? 

Gentlemen 

I am glad to see so full an Appearance at the begin- 
ning of y* Sessions, I could have wished the rest of the 
members had Attended their Duty to the Queen & 
their Country likewise, for I must be of Opinion, that 
business is always best done in a full House. 

The first thing I shall Recomend to y* Consideration 
of y Gentlemen of the House of Representatives, & 
w*^'' I have in Command from y*" Great Queen of Eng- 
land my Mistres, is, That you settle such a Revenue 
upon her Maj^*' as may be sufficient to support y'' 
Dignity <& Supply all the necessary Charges of Goverm^ 



16(; IK)RD CORNBURY's ADMINISTRATION. [1707 

And because it has been Represented to the Queen, y- 
y* Country is not yet able to Answer very great Taxes, 
her most Sacred Maj'? who is always Solicitous, not 
only for y^ welfare & happiness, but also for y^ ease of 
all her Subjects, as far as it is possible, has Com- 
manded me to Acquaint you, that she is graciously 
pleased to Accept of Fifteen hundred pounds a year, 
in Lieu of Two Thousand w*** was Granted for two 
years, w*'** ended on y* 13^** day of December last, I am 
hkewise to Acquaint you That y* Queen expects it 
should be settled for one & Twenty years. 

The next thing w*^*" I most earnestly Recomend to 
yo^ serious Consideration, is y* preparing a BiU or BiUs, 
whereby y* Right & Property of y* Greneral Proprietors 
to the Soil of this Province may be Confirmed to them, 
according to their respective Rights & Titles, & like- 
wise for y' Confirming & settling y' particular Titles, 
& Estates of all y* Inhabitants of this Province, & 
other purchasers Claiming under y*" Greneral Proprie- 
tors: This I must observe to you, I have Recommended 
to y' Assembly, every Sessions since I have had y' 
Honor to serve her Maj^^ in y^ Government of this 
Province, what has hindred it till this time I will not 
undertake to Say, but sure I am, that nothing can 
Contribute more, to y Settlement, Welbeing, & happi- 
ness of this people & Country, than y^ doing this as it 
ought to be; I hope this Assembly will have y* Crood 
Luck to find y* Right Methods of Attaining these great 
& good Ends, in which no Assistance of Mine shall be 
wanting. 

I must Obsei*ve to you, That y** Highways dii-ected to 
be laid out by a former Act of Assembly of this 
Province, have not been laid out accoixling to y^ Diiec- 
tions of that Act, tho' the Commissionei*s have been 
often Called upon to do their Duty, I cannot but take 
Notice y* the Bridges, are in so lU a Condition, y' after 
any sudden rain it is very dangerous to go over them. 



1707] LORD cornbury's administration. 167 

I think if a Tax were laid for the building of Bridges, 
& good Managers appointed, for y'' laying out y' 
money, & seeing y* work effectually done, it would 
not only be a Conveniency & safty to Travellers & 
Traders, but it would be less Charge & trouble to the 
People, for then a very Small Charge wV* Care, would 
maintain them many years. 

I think it my Duty to Recomend to you, y*' pi'eparing 
a Bill for the Settling y* Qualifications of Persons to 
serve upon Jurys, the lives of men & y* Titles of their 
Estates are often lyable to be called in Question, & I 
think it is not proper that every Idle person, should be 
capable of serving upon those Occasions. 
Gentlemen 

I have often Recomended a Review of the Laws in 
force in this Province, before y*" Government was Sur- 
rendered to her Maj^^ perhaps some may be found fit 
to be Re-enacted in y'' same words they are now Con- 
ceived, or at least with some Amendments may be 
made fit for the Queens Approbation, if any such are 
you shall always find me ready to Receive them. 

I must further Acquaint you Gentlemen That her 
most Sacred Maj'^ y*' Queen who is desirous y' all her 
Subjects may equally enjoy, y*" benefit & Advantage 
of Trade without incroaching one upon y* other. 
Expects y^ a Bill or Bills be past, to lay y' Same Dutys 
& Impositions u])on Goods Impoi-ted into, or exported 
out of this Province, as are paid by her Subjects of y' 
Neighbouiing Province of New York, y* by that means 
her Subjects there & here, may be upon an equal foot. 

I cannot Conclude without putting you in Mind, that 
y' Act for settling y^ Militia of this Provuice is Expired 
by its own Limitation, I propose to you y' Reviving 
that Act for y' ease of the People, for if it is not 
Revived, I nuist Govern my self with Resi)ect to the 
Militia, according to y*' Laws of England, which will 
not l>e so easy, esiH3cially to some people as y* Act was. 



108 LORD CORNBURY's ADMINISTRATION. [1707 

These Gentlemen, are y® things I thought proper to 
Recomend to you at this Time, if there be any thing 
else, for y* Service of y® Queen & real good & welfare 
of y* Countiy (w^*' I must say are in their own Natures 
Inseparable) w*'** you think ought to be provided for by 
a Law, you shall alway's find me ready, to Imbrace, & 
as far as in me lyes to Incourage such things; I have 
nothing more to add, but to recomend to you Dispatch 
in y® Affaires before you, & the best way to Attain 
that will be, to lay aside all private Animosities, y' you 
may the more freely Apply all yo' thoughts & yo^ 
Time to y" Service of the Queen & yor Country. 
Spoken at Burlington 

April y* T'*' 1707. 



Gentlemen 

The reason of my Requiring yo^^ Attendance at this 
Time is, because in reading yo' Votes of yesterday, I 
Observe you are falling into several Irregularities, 
never thought of before by any Assembly of men in 
any part of y* Queens Dominions, therefore I think it 
my Duty to take notice to you of them, that such 
things may be avoided, from which no good can ensue, 
but only an Interruption & hindrance of the Publick 
Business, to y* Manifest prejudice of her Majesties 
Service, & the Good & Welfare of the people in General. 

The first thing y* I shall Observe is. That you being 
Resolved into a Committee of the whole House, have 
tum'd out y® Clerk who is a Sworn Officer, & a Man of 
known Integrity, this Gentlemen is without precedent, 
& that which I dare be bold to say, no Com'ittee of y* 
whole House of Commons in England ever Attempted. 

The next thing is a greater irregularity, if possible 
than this, for you Appoint one of yor Members to be 
your Clerk, by which you deprive a Member of his 
Right of Debating & Voting: for a Clerk can neither 



U07J LOKD cornbury's administration. 16I» 

Debate nor Vote. These Gentlemen are things 
extremely iiTegular, & therefore ought carefully to be 
avoided. The best Advice I can give you upon this 
Occasion is, to Return to yor House & proceed calmly 
upon the weighty matters before you, like men deter- 
mined to do their Country Service. I am well satisfied 
the people expect to have their Titles, & their posses- 
sions of their Lands settled & Quieted by some good 
Bill, or Bills to be passed in this Assembly, y® Queen 
expects to have a Revenue Settled, there are other 
matters of great Moment before you, w*"** will imploy 
yor Time much better, than unnecessary Disputes or 
Irregular proceedings will do. Therefore once more, I 
exhort you to return to yof House, & give such Dis- 
patch to y* matters before you, as may be reasonable. 
If you have any Grievances to Complain of, I dare 
assure you, that as soon as they are known, & appear 
really to be such, they will be Redressed. 
Spoken at Burlington 

April y« 9*!» 1707. 



Additional Instniction to Lord Cornbury, as to the 
admiHistration of the Government in case of his 
death or absence. 

[From P. R. O. B. T. New Jersey, No. 12, p. 291.] 

An Additional Instruction ^ to our Right Trusty 
and Well-beloved, Edward Lord Viscount 
Cornbury, our Captain Greneral and Gover- 
nor in Chief of our Province of New Jersey 
in America, and in his Absence to our Lieu- 
tenant-Governor or Commander in Chief 



> "Ht'iit to the Earl of Sunderland sUd April, 1707.*' 



17Q LORD COBNBUEy's ADMINISTBATION. [1707 

of our said Province, for the time beiQg — 
Given at our C!ourt at Kensiagton, the 
third day of May, iji the Sixth Year of our 
Reign: 1707. 

Whereas by a Clause in Our Commission and In- 
structions to You, Oiu' Captain-General and Grovemor 
in Chief of Our Province of New Jersey, It is directed, 
That upon your Death or Absence (in case there be no 
Lieutenant-Governor appointed by Us upon the Place) 
the then Council do take upon them the Administra- 
tion of the Government, and that the Eldest Counsel- 
lor do preside, as by the said Commission and Instruc- 
tions is moi'e particularly set forth; and We having 
Observ'd, that this Instruction has given Occasion of 
many Controversies and Disputes between the Presi- 
dents and the Counsellors, and between the Counsellors 
themselves, and otherwise, in several of Our Planta- 
tions, to the great Hindrance of the Publick Business, 
and to the Prejudice and Disturbance of Our Service 
there ; Our Will and Pleasure therefore is, That if 
upon Your Death or Absence, there be no Person upon 
the Place Commissionated by Us to be Our Lieutenant 
Governor or Commander in Chief, the Eldest Counsel- 
lor, whose Name is first placed in our said Instiuctions 
to You, and who shall be at the time of your Death or 
Absence, residing within Our said Province of New 
Jersey, shall take upon him the Administration of the 
Government, and execute Our said Commission and 
Instructions, and the several Powers and authorities 
therein contained, in the same Manner, and to all In- 
tents and Purposes, as other our Governor or Com- 
mander in Chief should or ought to do, in case of 
your Absence, until your Return, or in all Cases, until 
Om* fiu'ther Pleasure be Known thereon. So We bid 
you very heartily Fai'ewell. 

By Her Majesty's Command, 



1707] LORD CORNBUBY's ADMINI8TRATI0X. 171 



Petition of the General Assembly of New Jersey to the 
Queen, relating to the difficulties attendant on 
Lord Combury^s government. 

[From Contemporaneous Draft among N. J. Hist. Soc. MSS.J 

To THE Queens Most Excellent Majesty 

The Humble Petition of the Gteneral Assembly 
of yom* Majesties Province of New-Jersey. 

Dread Sovekeigne 

Your Majesties Loyall Subjects the Representatives 
of this Province in General Assembly met and Assem- 
bled Begg leave to lay at your Majesties Koyall feet an 
Account of the hardships they Indm-e imder the ad- 
ministration of his Excellencie Edward Lord Viscount 
Combury some time after the publication of your 
Majesties Letters patents to his Excellencie an Assem- 
bly was Called who met at the Citty of Amboy and 
after some time were adjourned to the Citty of Bnr- 
lingtown who was willing to raise such a summe of 
Money for the support of your Majesties Goverment 
here as the Circumstances of the Country would 
admitt of. But Sundr}^ pei'sons being dissatisfied with 
them and thinking themselves agrieved privately 
Raised Considerable Summs of money to dissolve the 
then Assembly and Constitute such officei-s Civill and 
miUtary as the Contributoi-s should approve of, ui)on 
which their Assembly was dissolved and many mean 
and mercenary men put into office, who dayly hari*ass 
and abuse your Majesties most Considerable Subjects 
in this province. Your Majesties Ix)yall Subjects the 
Assembly of this Provim*e having had Several Evi- 
dences taken before them have great Rensou to believe 
that the money so Raised was given to his Excellencie 
and did Induce him to dissolve the then Assembly and 



172 LORD CORNBURY's ADMINISTRATION. [1707 

Refuse to Swear three members duly Elected and 
Returned by the Sherife to serve m the Next Assembly 
upon the Groundless Suggestion of two members of 
your Majesties Councill here viz: Thomas Revell and 
Daniel Leeds which Councillors when the Assembly 
had appointed a day of hearing never appeared to 
Justifie their allegations to the Assembly who upon a 
thorough Examination of the Matter found them duly 
Elected and Qualified and accordingly sent two of their 
Members to Acquaint his Excellencie with it and to 
Pray him to admitt them to be Sworn that they might 
take their places in the House which his Excellencie 
did refuse to do pretending he had a Right to Judge of 
their Qualifications and keep them out nigh Eleven 
Months which being a great violation of the Rights 
and Liberties of your Majesties Loyall Subjects here 
and an assuming to himself a negative voyce to the 
freeholders Election of their Representatives and by 
which Means he procured the passing of Severall 
Laws which Have and Do greatly oppress your Majes- 
ties Loyall Subjects and have so farr Impoverished 
them that they are Incapable of Raising Such a Bev- 
enue for the support of your Majesties Grovernment 
here as is desired of them or as otherways they would 
be Inclined to do. 

They therefore In all Humble Manner Throw them- 
selves at your Majesties Royall feet Imploring Your 
Majestie to Relieve them from the oppressions they 
groan under by the arbitrary and Illegal Practices of 
his s'* Excellencie, and if your Majestie would be Gra- 
ciously pleased to appoint A. Chvernour over this 
your Majesties Province that is not Governour also 
of your Majesties Provirice of New York it would In- 
finitely Conduce to the Ease and Prosperitie of your 
Majesties Loyall Subjects here whose Circumstances 
are such that they are not able to pay the Salary of a 
Governour and the Extraordinarie Charges of his 



1707] LORD cornbury's administration. 173 

travelling from New- York to this place and back 
again. 

Dn) not a series of Male Administration give us 
reason to dispair of any reliefe by application to his 
Excellencie Wee had not presum'd to trouble your 
Majestie with our Complaints to whom it must be 
uneasie to hear that any (though the most contempti- 
ble) of her subjects are opprest, the Remotest part of 
her Dominions not being Exempt from her Royall 
Care and Intituled to a proportionable Share of her 
princely Goodness and Clemencie 

In Humble hope and Confidence of being heai-d by 
your Majestie Wee pray that your Majestie will be 
pleased to take such Measures for the Reliefe of your 
Majesties poor opprest Petitioners as in your Royall 
Wisdom you shall Judge most fitt and your Petition- 
ers as in Duty bound shall ever Pray that Chd will 
give your Majestie many glorious Days and make your 
Majestie Compleatly happy both here and hereafter. 
By order of the House of Representatives 

A: M: Die Lune, 6"" Maij Anno Dom: 1707. 

Divers of the Members of this Assembly being of 
the people Called Quakers do all assent to the matter 
and substance of the above written but make some 
Exceptions to the Stile. — 



Remonstrance of the Assembly of New Jersey^ against 
certain evils, to which the Province /ras subjected, 
and Lord Cornbury's Answer, 

I From P. R. O. America and West Indies, Vol. C.J 

To his Excellency the Lord Viscount Cornbury 
Capt. General & Governor in Chief of the 
said Pi'()vin(*e. Delivered by Sanniell Jen- 



174 LORD COKNBURY's ADMINISTRATION. [1707 

ings, Speaker of the said Assembly, at Bur- 
lington the 8th day of May, 1 707. [Inclosed 
in M' Morris 9*^ Feb'y 1707-8.] 

May it Please the Governor ; 

We her Majestys loyal subjects, the Representatives 
of the Province of New Jersey, are heartily sorry, that 
instead of raising such a Revenue as is by the Gover- 
nour (as we suppose by the Queens directions) required 
of us, we are obUged to lay before him the unhappy 
Circumstances of the Province; It is a Task we un- 
dertake not of choice, but necessity, and have there- 
fore reason to hope, that what we say, may meet 
with a more favorable reception. 

We pray the Qovemour to be assured, its our mis- 
fortunes extorts this procedure from us, and that we 
should betray the trust reposed in us by our Country 
if we did not endeavour to obtain Rehef . 

The Qovernours promises encourages us to hope, he 
will not be deaf to our entreaties, nor by his denyal 
render our attempts, for the best ends, fruitless. 

We may not, perhaps, rightly apprehend all the 
causes of our sufferings, but have reason to think some 
of them are very much owing to the Govemours long 
absence from this Province, which renders it very 
difficult to apply to him in some cases that may need a 
present help. 

It were to be wished, that the affairs of New York 
would admit the Govemour oftner to attend to those 
of New-Jersey, he had not then been unacquainted 
with our Grievances, and we are inclin'd to believe 
they would not have grown to so great a number. 

1 It is therefore in the first place humbly represented 
to the Governour's consideration, that some persons 
under sentence of Death for Murder; have not only 
remained till this time unexecuted (they being con- 



1707] LORD CORNBURY^S ADMINISTRATION. 175 

demned not long after Lord Cornbury's accession to 
this Government) but often have been suffered to go 
at large. _ It is possible the Gk)vernour has not been 
informed, that one of these Persons is a Woman who 
murther'd her own Child, another of them a Woman 
who poyson'd her Husband: the keeping of them so 
long has been a very great charge, and how far its a 
Reflection on the Publick Administration, to suffer such 
Wretches to pass with impunity, we dare not say. 
But sure the Blood of those Innocents crys aloud for 
Vengeance, and just Heaven will not fail to pour it 
down upon our already miserable Country, if they are 
not made to suffer according to their demerits. — 

2<iiy Yf^Q think it a great hardship that persons 
accused for any Crime, should be obliged to pay Court 
Fees, notwithstanding the Grand Jury have not found 
the Bill against them : They are men generally chosen 
out of the Neighborhood, and should be the most sub- 
stantial Inhabitants, who cannot well be supposed to 
be ignorant of the Character of the Person accused, nor 
to want as good Information as may be had ; when 
therefore they do not find the Bill, its very reasonable 
to suppose the accused Person innocent, and conse- 
quently no Fees due from him. We pray therefore 
that the Govemour may give his assent to an Act of 
Assembly, to prevent the hke for the future, otherwise 
no persons can be safe from the Practices of designing 
men, or the wicked effects of a vindictive Temper. 

3'*'> The only Office for Probate of Wills being in 
Burlington, it must be very expensive and inconve- 
nient for Pei'sons, who live remote, especially for the 
whole Eastern Division. We therefore pray the Gov- 
ernour to assent to an Act to settle such an Office in 
eveiy County or at least in each Division of this Prov- 
ince, and that the Officers may be men of Good Estates 
and known Integrity in the said Coimty or Division. 

4***'- • That Secretary's Office is not also kept at Am- 



176 LORD CORNBURY'S ADMINISTRATION. [1707 

boy, but that all the Eastern Division are forced to 
come to Burlington, that have any business at the said 
Office, is a Grievance which we hope the Governour 
will take care to redress, it seeming inconsistent with 
the present Constitution of Government established by 
the Queen, which doth not admit one of the Divisions 
of this Province, to enjoy more privileges and advan- 
tages than the other. We therefore intreat the Gover- 
nour not to take it amiss, that we desire his assent to 
an Act to be past, to oblige the Secretary to keep his 
Office at both places. 

5thiy. r£YiQ granting of Patents to cart goods on the 
Road from Burlington to Amboy, for a certain number 
of years, and prohibiting others, we think to be a gi'eat 
grievance, that it is contrary to the Statute, 21. Ja. 1. 
ch. 3. against Monopolies, and being so, we doubt not 
will easily induce the Governour to assent to an Act, 
to prevent all such grants for the future, they being 
destructive of that Freedom, which Trade and Com- 
merce ought to have. 

6^***>- Establishing Fees by any other Power or Au- 
thority then by the Governour, Councill, and Repre- 
sentatives met in General Assembly, we take it to be a 
great grievance, directly repugnant to Magna Charta, 
and contrary to the Queens express directions in the 
Govemours Instructions which says. You are to take 
care, that no Man's Life, Member, Free-hold or Goods, 
be taken away or harmed in our Province imder your 
Government, otherwise then by estabhshed and known 
Laws, not repugnant to, but as much as may be agreea- 
ble to the Laws of England. We therefore pray that 
the Governour wiU assent to an Act to be passed to 
settle Fees, without which we think no moi^e can be 
legally demanded, than the Persons concerned by agiee- 
ment obUge themselves to pay. 

7tbiy. rpj^^ Govemours putting the former publick 
Records of the Eastern Division of this Province into 



1707] LOBB coKXBrRT's adxikistration. i:: 

the hands of Peter Sonmans. the pr^ended Agent of 
the Propnetors. one that doth not reside in the Pnw- 
ince. nor has not given security for the well and true 
keeping of them, as is by the Queen iliivi^teii, and 
keeps them so that Her Ma jesty s Subjei^ti^ cannot have 
recourse to them, and their being carried out of the 
said Division* is a gieat and crying giievamv: they 
are the only Evidences, that one half of this Provintv 
has to prove the Titles of their Estates: and this House 
is humbly of opinion, that they ought to Iv si^ kept, 
that Persons mav have recource to them, and in the 
hands of such of whose Fidehtv there is no reasrni to 
doubt. This being a thing so reasonable, encmmtges 
us to Request the Govemour to assent to an Act to In* 
passed, to put them in proper hands for the futiiiv. 
that the Country may not be under the same disap- 
pointments they now are. 

These, Grovemour. are some of the Grievanivs this 
Province complains of, and which their Representatives 
desire may be i-edrest, but there are others of an higher 
nature, and attended with worse consequences: They 
cannot be just to the Govemour, themselves, or their 
Country, should they conceal them. We did exiHvt 
when the Grovemment of the Jerseys was sunvudenxi, 
to feell the benign influences of the Queens mild Gov- 
ernment, under Her more immediate administration, 
and to be protected in the full injoyment of our Liber- 
ties and properties, the last of which we thought our- 
selves something more secure in, then some of the 
neighbouring Plantations, and had an intire dejx^nd- 
ance, that Her Majesties Royal Bounty and Goodness 
would never be wanting to make us easy and hai)py, 
even beyond our Wishes. 

It's our misfortune that we must siiy, tlit^ success 

has not answei-ed the Expectation, and the Quihmis 

Subjects here have felt the Revei-se of what tht\v had 

most reason to hope. That gi-eatest and l)est of Piinces, 

12 



178 LORD COBXBUEY^S ADMINISTRATION. [1707 

is, without peradventure, ignorant of our Pressures, 
or we had long since had ReUef : She is too good to 
continue even the deserved sufferings of the Miserable, 
and has more of Heaven in Her than not to hear the 
Cry of thojie that groan under Oppression, and the 
unkind effects of mistaken Power, to whom we owe 
our Miseries; and what they are, the sequal shews. 

In the First place, the Governour has prohibited the 
Proprietors Agents, commonly called the Council of 
Proprietors, from granting any Warrant for taking up 
of Lands in the Western Division of this Province. 
We cannot see by what Law or Season, any mans 
Property can be disposed of by the Governour, without 
his consent. The Proprietors when they surrendered 
the Government, did not part with their Soil, and may 
manage it as they think fit, and are not to take direc- 
tions from any Person whatsoever, how and when to 
do it. If any Person concerned is agrieved, the Laws 
are open, by which disputes in Property are decided, 
and he, doubtless, will not be left remedyless. We are 
very sorry the Governour gives us occasion to say, it 
is a great Incroachment on the Proprietors Properties; 
but we are not surprised at it when a greater Incroach- 
ment on our Liberties led the way to it, and that was 
the Govemours refusing to swear or attest, three 
Members of the last Assembly, upon the groundless 
suggestion of Thomas Revel and Daniel Leeds, two 
Members of the Queens Council, by which means they 
were kept out of the Assembly. We are too sensibly 
toucht with that procedure, not to know what must be 
the unavoidable consequences of a Governours refusing 
to swear, which of the members of an Assembly he 
thinks fit, but to take upon himself the Power of 
judging of the Qu^ifications of Assembly Men, and to 
keep them out of the House, as the Governour did the 
aforesaid three Membera, nigh eleven Months, till he 
was satisfied in that point, after the House had 



1707] LORD COEKBUEY^S ADMINISTRATION. 179 

declared them Qualified, is so great a Violation of the 
Liberties of the People, so great a Breach of the Privi- 
ledges of the House of Representatives, so much an 
assuming to himself a Negative Voice to the Freehold- 
ers Election of their Representatives, that the Gov- 
emour is intreated to pardon us if this is a different 
Treatment from what he expected: It is not the effects 
of passionate Heats, or the Transports of Vindictive 
Tempers, but the serious Resentments of a House of 
Representatives, for a notorious Violation of the Liber- 
ties of the People, to whom they could not be just, nor 
answer the truth reposed in them, should they decUne 
letting the Governom* know, they are exti-eamly dis- 
satisfied at so unkind a Treatment, especially when its 
Causes and Effects conspire to render it so Disagi-eeable. 

It is notoriously known, that many considerable 
Sums of Mony have been raised to procure the Disso- 
lution of the first Assembly, to get cleai* of the Proprie- 
tors Quit Rents, and to obtain such officers as the 
Contributors should approve of. 

This House has great reason to beUeve, the Money so 
gathered was given to Lord Combury, and did Induce 
him to Dissolve the then Assembly, and by his own 
Authority keep three Members out of the next 
Assembly, and put so many mean and meix^enary 
Men into Office, by which corrupt Practice, Men of the 
best Estates are severely harassed; Her Majestys Good 
Subjects in this Province so Impoverished, that they 
are not able to give that Support to her Majestyes 
Government as is desired, or as they would otherwise 
be inclined to do. And we cannot but be very uneasy 
when we find by these new methods of Government 
our Liberties and Properties so much shaken, that no 
Man can say he is Master of either, but holds them as 
Tenant by Curtesie, and at WiU, and may be stript of 
them at Pleasure. Liberty is too valuable a thing to 
be easily parted with, and when such mean induce- 



180 LORD CORNBURY^S ADMINI8TRATI0K. [1707 

ments procure such Violent Endeavours to tear it from 
us, We must take leave to say, They have neither 
Heads, Hearts or Souls, that are not moved vsrith the 
Miseries of their Country, and are not forward with 
their utmost Power lawfully to Redress them. 

We conclude, by advising the Qovemour what it is 
that principally engages the Affections of a People, 
and he will find no other Artifice needful, then to let 
them be unmolested in the enjoyment of what belongs 
to them of Right; and a wise Man that despises not 
his own happiness, will earnestly labour to regain their 
love. 

By order of the House, 




A. M. Die Luna 5 May, 1707. Speaker. 



His Excellency's Answer to the said Remon- 
strance, Given to the said Assembly at 
Burlington, on Monday the 12th day of 
said May, 1707. 

Oentlemen; 

On Thursday last I receiv'd a Paper from you which 
you call a Remonstrance. I then told you it was of 
an extraordinary nature, and contain'd many particu- 
lars, which tho' they lay open enough to receive an 
immediate Answer, yet because I would not put it in 
your power to say, I had given you a i-ash inconsider- 
ate Answer, I would make no return to it till the 
Saturday following, at which time I sent you word by 



1707] LOED COENBUEr'8 ADMINISTEATION. 181 

the Secretary that I would not expect your attendance 
till this day. 

I shall not take notice of any thing in your Pre- 
amble, but the two last Clauses of it; In the first of 
which you say, '' That you have reason to think that 
" some of your Sufferings are owing to the Grovernours 
**long absence from this Province, which makes it 
^* very difficult to apply to him in some cases that may 
*^need a present help. 

This is so far from being true, that besides my being 
in this Province twice every year, and have never 
staid less than a Month, sometimes six weeks or more, 
the Post goes every week to New York, by which I 
may easily be informed of any emergency; moreover, 
the lieut Gtovemour, Coll Ingoldsby, resides constantly 
in this Province, and would certainly have done right 
to any persons who would have complained to him ; 
which makes this allegation appear very frivolous. 

In the next Clause you say, ^^ It were to be wished, 
*' that the affairs of New- York would admit the Gov- 
" emour oftener to attend those of New-Jereey. 

The affairs of New-York have never hindei-ed the 
Govemour from attending those of New-Jereey when 
ever it has been requisit. And I may safely say, that 
I doji't know of any Grievance this Province labours 
under, except it be the having a certain nmnber of 
People in it, who will never be faithful to, nor live 
quietly under any Government, nor suffer their neigh- 
bours to enjoy any peace, quiet or happiness, if they 
can help it. Now I begin with your Articles. 

1st. Two Women have been condemned for Murder 
and have not been executed, there having appeared 
most notorious Malice and Revenge in some People 
who were zealous in those Prosecutions. The Queen 
is the fountain of Honour, Justice and Mercy, and as 
she is so, she may, when she pleases, exert her Mercy 
in either reprieving or pai*doning any Criminal, that 



18*2 LORD CORNBURY'S ADMINISTRATION. [1707 

Power of Pardoning & Reprieving, after Condemna- 
tion, the Subjects of this Provmce, her Majesty has 
been pleased to entrust me with, & I am in no wise 
accountable to any person or number of persons what- 
soever, for what I do in these matters, except to the 
Queens Majesty alone. 

As for what you say with relation to the apprehen- 
sions you have, that just Heaven will not fail to 
pour down Vengeance upon your already miserable 
Country, if these Criminals are not made to suffer ac- 
cording to their demerits 

I am of opinion, that nothing has hindered the Ven- 
geance of just Heaven from falling on this Province 
long ago, but the infinite Mercy, Goodness, Long- 
suffering and Forbearance of Almighty God, who has 
been abundantly provoked by the repeated crying sins 
of a perverse Generation among us, and more . espe- 
cially by the dangerous and abominable Doctrines, and 
the wicked Lives and Practices of a number of People, 
some of whom under the pretended Name of Chris- 
tians, have dared to deny the very essence and being 
of the saviour of the World. 

2**'^. It is a strange thing that such an Assembly of 
Men as the Representatives of the People of the Prov- 
ince are, or ought to be, should complain of any thing 
under the name of Hardship, before they had informed 
themselves whether the thing they had a mind to 
complain of, wei'e i-eally a hardship or not. This is 
plainly your case at this time; foi' if you hail asked 
any man that knows any Practice of the Law in 
England, you would have found, that if any Proceed- 
ings have been carried on against any Persons sup- 
posed to be guilty, they have always paid the Court 
Fees, notwithstanding the grand Juiy hav^e not found 
the Bill. This is so known a Practice, that it is not to 
be disput(Kl; but when men will intermeddle with, or 
pretend to things which they neither know nor under- 



1707] LORD CORNBURY'S ADMISISTRATIOK. 183 

stand, they cannot fail of misguiding themselves, and 
mis-leading those who have a mind to be guided by 
them. 

Indeed, if Juries in this Countiy were what they 
ought to be, the supposition might be in some measure 
allowed, but we find by woful experience, that there 
are many men who have been admitted to serve upon 
Grand and Petty Juries, who have convinced the 
world that they have no regard for the Oathes they 
take, and especially a sort of People, who under pre- 
tence of Conscience, refuse to take an Oath, and yet 
many of them imder the cloak of a very solemn Affirm- 
ation, dare commit the greatest Enomiities, especially 
if it he to serve a Friend, as they call him; and these 
are the designing Men and the vindictive Tempei-s, 
of which all the Queens good Subjects ought to be- 
ware, and be protected from; And these are the crying 
sins which will undoubtedly draw down the Vengeance 
of just Heaven upon this Province and People, if not 
timely and seriously repented of. 

3diy jf J should persuade my self to wonder at any 
of the Enormities contained in this Remonstrance (and 
which I would do, if it came from any other men) it 
should be at this, because no reasonable man can easi- 
ly perswade himself to believe, that a numlx^r of men 
chosen by their Country to repi-esont them, would 
presume to complain of a thing as a Grievance, when 
the thing complained of, is, in fact, not true; for the 
Office of Probate of Wills, is whei'e-ever the Govem- 
our is, and consequently not at Burlington only. Ever 
since the Queen has done me the honour to entrust me 
with the Government of this Pi'ovince, 1 have never 
failed of being in the Pi'ovince twice every year, once 
at Burlington and once at Amboy, except the* last 
year, that I had the unspeakable misfortune of loosing 
a Wife whom I loved as much as my own Soul, after 
a veiy long tedious Sickness, during which, I am per- 



184 LORD cornbuby's administration. [1707 

swaded, no reasonable man could expect I would leave 
her for any time; and yet, notwithstanding that, I 
was twice at Amboy last year, where any body, that 
had a Will to prove, might have had it done, if they 
pleased; besides my being twice every year in the 
Province, considering the remoteness of Cape- May 
Coimty, and the County of Salem, I did appoint a 
Surrogate at Burlington, before whom any of the 
Inhabitants of either Division, might have had their 
Wills proved. I did not think it necessary to appoint 
one in the Eastern Division, because the Inhabitants of 
that Division, who are most remote from New- York, 
are within a very easie days Journey of my Surrogate 
at Burlington, and much the major part of the People 
of that Division, are within a very small days Journey 
of New- York, where their private affaii*s daily calls 
many of them, and where any of them may have their 
WiDs proved, without any injury or incroachmerit 
upon their Properties, Rights or Priviledges. This is 
so certain a truth, that I am perawaded all judicious 
and impartial men will look upon this Complaint to 
be mahcious, scandalous and frivelous, contrived only 
to amuse poor ignorant People with notions of Griev- 
ances, when, in truth, there is no manner of cause of 
Complaint. Besides, what you desire Is a direct Inva- 
sion of the Queens Preix)gative; for it belongs to her 
Majesty alone to appoint who shall be Probate of 
Wills, and grant Lettera of Administration, and that 
Power the Queen has been pleased to vest in the Gov- 
ernour; and I am sure that I will never so far betray 
the tioist her Majesty has honoured me with, as to 
sacrifice her Prerogative Royal to the humoui-s of any 
person or pei'sons whatsoever. But of all the People 
in the World, the Quakei's ought to be the last to com- 
plain of the hardships of travelling a few Miles upon 
such an occasion, who never repine at the trouble and 
charges of travelling several hundreds of Miles to a 



1707] LOBD cobkbury's admixistbation. 1B5 

yearly Meeting, where it is evidently known, that 
nothing was ever done for the good of the Country, 
but on the contrary, continual Contrivances are carried 
on for the undermining the Grovernment both in 
Church and State. 



His Excellency's Answer. 

^.thiy You have had as Uttle regard to the truth of 
matters of fact in this Complaint, as in some of the 
rest; for it is certain that the Secretary's Office is kept 
at Amboy as well as at Burlington, as far as the na- 
ture of the thing requires, and it can admit of ; for the 
•Records of the Eastern Division are kept in the eastern 
Division, or at least so many of them as the Agent for 
the Proprietors of that Division, could hitherto re- 
cover from one Thomas Grordon, into whose hands 
they were put in the time of the Proprietary Govern- 
ment, and who has embezzled several of them, for 
which he must be answerable. There is a Supream 
Comi; held once every year at Amboy, there is no moi'e 
at Burlington; so that one Division does not enjoy 
more Priviledges and Advantages than the other: And 
you have no more reason to desire a Secretary's Office 
to be settled at Amboy, than the People of the County 
of Cumberland would have to desire a Secretary of 
State's Office to be settled in their Comity because it 
is a great way for them to travel to London, when 
they have any business in the Secretary's Office. The 
thing is inconsistent in it self to have two Secretaiy's 
Offices in the same Province, and consequently un- 
reasonable, and I am pretty well satisfied, without 
President; besides, I don't know any body that can 
claim the right or power of appointing a Secretary in 
this Province, but the Queen, and she has been pleased 
to appoint one under the gi'eat Seal of England, and 



186 LORD CORNBURY'8 ADMINISTRATION. [1707 

her Majesty is pleased to think one sufficient, as un- 
doubtedly it is; but if you had thought, that another 
had been necessary, it would have been much more 
modest to have acquainted me with it, that I might 
have humbly represented it to her Majesty, rather 
than to have Remonstrated that as a Grievance, which 
is done in pursuance of the Queens Commands; but 
this is of the same nature with the rest of your Com- 
plaints, contriv'd on purpose to amuse poor ignorant 
People with a notion of Grievances, when, in truth, 
there is not the least colour of Cause of Complaint. 

5***^^. I could wish, (since you had a mind to colour 
this Complaint with the Authority of an Act of Par- 
liament in England) that you had advised with some 
Lawyer, to know whether this could be any way 
brought under that Statute, or can by any Construc- 
tion in the world be call'd a Monopoly; I am apt to 
believe, those Gentlemen would have told you, it could 
not. Nothing can properly be call'd a Monopoly, but 
where a man engrosses a Commodity into his own 
hands, and imposes what unreasonable Prices he 
pleases upon that Commodity; or where a man is suf- 
fered to enjoy any Trade or Occupation, exclusive of 
others, to the prejudice of the Publick, or particularly 
to the hindering or burthening of Trade. The thing 
now complained of is so far from being of that natui'e. 
that it is directly contrary; for by the Patent now 
complained of, the Subjects of this Province have the 
conveniency of sending such Quantities of Goods to 
and from Burlington and Amboy, as their private oc- 
casions, or the nature of their Trade may require, at 
reasonable and certain Rates, and at certain Times, 
which they could never do before; but before the set- 
tling of this Waggion, if any Pei'son had occasion to 
send any Goods to or from either of these Places they 
were forced to hire a Waggion, though perhaps they 
had not the tenth part of a Load, and were forced to 



1707] LORD cornbury's administbatiox. 187 

pay such Rates as the owner of the Waggion thought 
fit to impose upon them; whereas at present every- 
body is sure once a Fortnight to have an opportunity 
to send any quantity of Gk)ods, great or small, at rea- 
sonable Rates, without being in danger of being im- 
posed upon at the will of the owner of the Waggion. 
And the settling of this Waggion is so far from being 
a Grievance, or a Monopoly, that by this means, and 
by no other, a Trade has been carried on between 
Philadelphia, Burlington, Amboy and New- York, 
which was never known before, and in all probabihty 
would never have been, had it not been for this certain 
convenient way of sending such quantities of Goods, 
as People pleased, from place to place. And in all the 
parts of Europe, the having publick Carriages for 
Goods, has always been esteemed of absolute necessity, 
and the want of them has been looked upon as a hard- 
ship. But it seems those things which in the wisest 
and best Governments in Europe have not only been 
thought convenient, but esteemed of absolute neces- 
sity, are found out by some of our wiser People here, 
to be Grievancies and MonopoUes This being un- 
doubtedly true, it is plain, the Patent complained of 
cannot come within the Statute of the 21 Ja. 1 Cap. 3. 
This, I believe, will be sufficient to convince all rea 
sonable men, how frivolous and unreasonable this 
Complaint is. I shall observe, that when I was first 
applyed to for a Patent for the allowing this Waggion, 
which was by one Dell (a man, who in Coll. Hamilton's 
time, was permitted to drive a Waggion for the cairy- 
ing of Goods, though under no i-egulation, either with 
respect to times of going, or Prices for carrying goods, 
and then there was no Monopoly) befoi'c I would 
gi'ant it, I did acquaint the Council with it, and de- 
sired them to let me know if they apprehended any 
inconveiiiency in granting such a Patt^nt: Those Gen- 
tlemen were all of opinion, thei'e could be no incon- 



188 LORD CORNBURY'S ADMINI8TRA.TI0N. [1707 

veniency in it, but rather a great conveniency; and 
indeed experience has proved that Opinion to be true; 
Nay, Mr Lewis Morris himself, the chief promoter of 
these unreasonable and frivolous Complaints at this 
time, who had the honour then to be one of her Maj- 
esties CouncU, expressed himself very fully to that 
purpose; indeed, if that Gentleman had ever been 
consistent with himself in any two Actions of his 
Life, I should wonder how he could so soon alter his 
Opinion in a case of that nature; but his behaviour at 
all times having fully convinced the world, that he 
never was so, makes me cease wondering. 



His Excellency's Answer. 

6thly. This Clause of your Remonstrance is, indeed 
of a more extravagant Nature than the fonner; for 
you presume to call that a great Grievance, and afiSrm 
it to be directly repugnant to Magna Charta, and con- 
trary to the Queens express Directions in the Gover- 
nours Instructions, which is most certainly exactly 
pursuant to, and in obedience of the express words 
contained in the Queens Instructions to the Governour. 
So that you make the Governour's faithful obedience 
to the Instructions the Queen has honoured him with, 
to be a great Grievance; which is no less than accusing 
her most sacred Majesty, the best of Queens, of com- 
manding her Governour to do things which in them- 
selves are great Grievances. How grateful a return 
this is to her Majesty, for the repeated favours she 
has been pleased to shew to this Province and People, 
let the world judge. That Clause of my Instructions 
which you recite in this Article, has no manner of 
i-elation to Fees. Indeed, there is another Clause in 
my Instructions, which directs how, and by whom all 
Fees shall be settled, and the Queens Commands have 



1707] LORD C0RNBURY*8 ADMINISTRATION. 189 

been observed. The words of the Clause are these, 
*' And you are, with the advice and consent of our said 
"Council, to take special care to Regulate all salaries 
'^ and Fees belonging to places, or paid upon Emergen- 
' ' cies, that they be within the bounds of Moderation, 
'' and that no Exaction be made on any occasion what- 
" soever; as also, that Tables of all Fees be publickly 
'* hung up in all places where such Fees are to be paid. 
'' And you are to transmit Copies of all such Tables of 
'^ Fees to Us, and to our Commissioners for Trade and 
'* Plantations, as aforesaid. And I challenge every 
one of you, and all Mankind, to shew how, where and 
when any Mans Life, member. Free-hold or Goods 
have been taken away or harmed in this Province 
since it came under her Majesties Government, other- 
wise than by established and known Laws, not repug- 
nant to, but as much as may be, agreeable to the Laws 
of England. 



His Excellency's Answer. 

ytiiiy ^\^^en I flrst read this Clause I could not 
imagine what it was put in for, unless it were on 
purpose to arraign the Queens express Commands to 
me. First, Mr. Sonmans is not the pretended Agent, 
but is lawfully constituted Agent for the Proprietors 
of the Eastern Division of this Province and has quali- 
fied himself according to the Queens Instructions to 
me and he does reside the gi-eatest part of his time in 
this Province The Recoi-ds are not carried out of the 
Eastern Division unless it be those which Tho. Gordon 
has imbezled; but those that came to the hands of MT 
Sonmans are kept at Amboy where any body may 
have recourse to them, that will desire, at any season- 
able hour; and the Country is not under any disap- 
pointment upon that account: Besides, the Records of 



190 LORD C0BKBURY*8 ADMIKISTBATION. [1707 

the Eastern Division were put into the hands of the 
Proprietors Agent by an Order from England, upon a 
Complaint made in England, that the Records were 
not in the hands of the Proprietors Agents. 

This is certainly one of the boldest Assertions that 
ever was made, especially when there appears no 
manner of Proof to make it out. When I read these 
two Clauses; for there are two before you come to 
enumerate these Grievances of an higher Nature, and 
attended with worse Consequences, I expected to have 
found my self, or some other Persons intrusted with 
me in the Administration of the Government over her 
Majesties Subjects in this Province, not only accused, 
but made plainly appear by undeniable manifest 
Proofs, beyond the possibiUty of a Contradiction, to be 
guilty of the most enormous Crimes. Who can 
imagine, when such a Body of Men, as the Repre- 
sentatives of a Province venture to say, '^That they 
' did expect when the Government of the Jerseys was 

* surrendered, to feel the Influences of the Queens 
*mild Government under her more immediate 

* Administration, and to be protected in the full 
' Enjoyment of their Liberties and Properties, the last 

* of which they thought themselves something more 
' secure in, than some of the Neighbouring Planta- 
' tions, and had an entii'e dependence, that her Majes- 
ties Royal Bounty and Gtx)dness would never be 

* wanting to make them easie and happy, even beyond 

* their wishes: Its their misfortune that they must 
' say. The Success has not answered the Expectation, 
' and the Queens Subjects here have felt the Reverse 

* of what they had most reason to hope. That great- 

* est and best of Princes is, without all peradventure, 
' ignorant of their Pressures, or they had long since 
' had a ReUef ; She is too good to continue even the 

* deserved Sufferings of the Miserable, and has more 
^ of Heaven in Her than not to heai- the Ciy of those 



1707] LORD cornbury's administration. 191 

*^ that groan under Oppression, and the unkind effects 
^^of mistaken power, to whom they owe their Mis- 
*^ eries. Who would not, I say, after such Assertions, 
expect to see the Qovemour proved guilty either of 
Treason or betraying the Trust reposed in him by 
depriving the Subjects of their Lives, their Estates or 
properties, or at least denying them Justice, and per- 
verting the Laws to the Oppression, instead of admin- 
istering them for the Protection and Preservation of 
the People committed to his Chai-ge. These or the like 
Crimes, manifestly proved, are the only things that 
can justifie Men in the accusing a Govemour of Cor- 
rupt Practice, and of shaking the Liberties and Prop- 
erties of the People. But if none of these things can 
be proved, but on the contrary it does appear plainly, 
that no one Act of Severity, much less of Injustice, or 
Oppression, has been done, since the Government of 
this Province came under the Queen, but that there 
has been an impartial, just and equal Administration 
of Justice observed throughout the whole Course of 
my Government, and that many Acts of Mercy have 
been extended to Persons, who deserved to be severely 
punished; then what sort of Ci-eatures must these bold 
Accusers appear to be in the eyes of all impartial and 
judicious Men^ That these are Truths beyond Contra- 
diction, and which all the People of this Province 
know, I do Challenge you, and every of you to prove 
the pontrary. And tho' I know very well, that there 
are several unquiet Spirits in this Province, who will 
never be content to Uve quiet under any Government 
but their own, and not long under that neither, as 
appeal's by their Methods of Proceeding when the Gov- 
ernment was in the hands of the Proprietors, when 
many of these very Men who are now the Remon- 
strancers, wei'e in Authority, and used the most Arbi 
trary and Illegal Methods of Proceeding over their 
fellow Subjects, that were ever heard of Yet I well 



192 LORD CORNBURY's ADMINISTRATION. [1707 

satisfied, there are very few men in the Province, 
except Samuell Jenings and Lewis Morris, Men known 
to have neither good Principles nor Morals, who Would 
have ventured to accuse a Gtovemour of such Crimes, 
without any Proof to make good their Accusation. 
But they are capable of any thing but good. 

But that the unreasonableness of these Complaints 
may appear the Plainer, let us consider what these 
Enormities of mine are, that have turn'd the benign 
influences of the Queens mild Government into Oppres- 
sion and the unkind effects of mistaken Power. 



His Excellency's Answer. 

First. By the Instructions her most sacred Majesty, 
the Queen, has honoured me with, I am to allow of all 
such Agents as the general Proprietors shall appoint, 
such Agents qualifying themselves by taking such 
Oaths as the Queen is pleased to direct, and no others. 
No Persons, under the Name of a Council of Proprie- 
tors, have ever tendred themselves to take those 
Oathes, consequently they are not capable of acting as 
Agents, besides, I say, these People who call them- 
selves A Council of Proprietors, are a parcel of People 
pretending to act by a Power derived from certain 
Persons who have no power to grant. The Governor 
has therefore done in this case nothing but his duty, 
in hindring, as far as in him lay, that pretended Coun- 
cil of Proprietors from acting illegally, which they 
have long done, to the great prejudice of her Majesties 
Subjects. This is a truth I can't doubt of, because, 
besides the other reasons I have to satisfie me in that 
point, you have voted my putting the Records of the 
Eastern Division, into the hands of Peter Sonmans, to 
be a Grievance, tho' Mr Sonmans has qualified himself 
long ago; so that the Council of Proprietors not having 



1707] LORD cornbury's administratiok. 10.-^ 

qualified themselves at all is a much greater Grievance. 
By the Queens Instiiictions to me, she is pleased to 
direct, That no person shall be capable of bjeing elected 
a Representative by the Freeholders of either Division 
or afterwards sitting in Gteneral Assembly, who shall 
not have One Thousand Acres of Land of an Estate of 
Free-hold in his own right, within the Division for 
which he shall be chosen: Two Gtentlemen of the 
Council informed me that three Persons, whose Names 
they then mentioned, were not qualified; upon which 
I refused to take their Attestations (for they were all 
Quakers) and in so doing I did my duty. I recom- 
mended it to the Assembly, at that time, to proceed, 
in the first place, to enquire into that matter; but they 
did not think fit to do it, till they had sate about three 
weeks, and then they sent me a Message to desire 
those three Members might be sworn, for they were 
qualified. I sent them word, that if they would com- 
municate to me the Proofs which had satisfied them, 
I should be ready to admit them; but that they would 
not do. In some few days the Assembly was 
adjourned to meet at Amboy where they met at the 
time appointed, and sent me the same Message as they 
had done before; I sent them the same Answer; upon 
which they ordered the three Members to produce to 
me the proofs of their QuaHfications, which having 
done, I admitted them immediately, which I could not 
do before without breaking the Queens Instructions; 
so that it was entirely through their own stubbornness, 
that they were not admitted sooner, and no intent or 
desire of mine to keep them out. If I had had a mind 
to have kept any Members out of the House, I could 
have made Objections which they could never have 
answered, but such practices are below me; & it is not 
true that I have made any Violation of the Liberties of 
the People, nor liave I assumed to myself a negative 
Voice to the Free-holdei-s election of their Representa- 
13 



ll>4 LORD COftNBURY^S ADMINISTRATION. [1707 

tives, as this House of Representatives has lately most 
notoriously done. But of that more anon. Indeed, 
the treatment I have met with from this house of 
Representatives far different from what I and all rea- 
sonable men expected from most of them, thinking 
them indued with Reason and common Justice to 
Mankind; but it is not different from what I expected 
from Samuell Jenings and Lewis Morris, two men 
notoriously known always to have been Disturbers of 
the quiet and peace of this Province, Men always 
possest with passionate Heats and the transports of 
most vindictive Tempers, but never capable of such 
serious Resentments as would become a House of 
Representatives, if there were any occasion given them 
to shew any. How they have been able to prevail 
with the major part of the House to join with them in 
destroying, as far as in them lay, the Reputation of a 
Gtentleman, who has the honour to serve the Queen as 
Governour of this Province, and is so far from deserv- 
ing such Treatment from them, that he has always 
done to the utmost of his power for the good, wellfare 
and prosperity of this Province and People, and would 
have done much more, if the Assembly would have 
put it into his power, by preparing such Bills as the 
Governour at the beginning of every Sessions has 
i-ecommended to them, and the Condition of the Coun- 
try i-equired; but that they must answer for to God 
and their own Consciences, if they can; and, perhaps, 
one day to me too. 

Whether many considerable simis of Money have 
been raised or not, I know not; and if they were raised, 
for what intent or purpose they were raised, I know 
not; but this I know, that if any Money was raised, it 
was not given to me, nor was ever any Money offered 
to me to procure the Dissolution of the first Assembly 
or to get clear of the Proprietors Quit -Rents, or to 
obtain such Officers as the Contributors should approve 



1707] LORD CORKBURY^S ADMIKIBTRATIOX. 195 

of, as is falsely alledged. The Reasons why I dissolved 
the first Assembly wei-e evident to all Mankind; for it 
was plain that House never intended to do anything 
for the support of the Queens Government, nor for 
the good of the Country; and indeed better could not 
be expected from an Assembly so corruptly chosen as 
that was; for some of the now Remonstrancers, and 
some other People, prevailed with Thomas Goi*don, 
than Sheriff of the Coimty of Middlesex, to refuse a 
Poll, when demanded; and when the Persons injured 
by that Practice, complained to the House of Repre- 
sentatives, they had a day assigned them to be heard, 
but were limited to bring but twenty Witnesses; the 
People attended at the day appointed, with the number 
of Witnesses they were allowed to bring, but were 
then by that House refused to be heard, not only by 
themselves, but by their Council, and theii* Witnesses 
refused to be examined, tho' at the same time they 
heard Thomas Gordon, who was the Person com- 
plained against, and did examine some Witnesses on 
his behalf; upon which the Petition of the Complain- 
ants was dismist; thereby supporting the illegal pro- 
ceeding of the Sheriff. This was a Violation of the 
Rights of the People with a Vengeance, and a sufficient 
Reason (if I had no other) for the Dissolving that As- 
sembly, that the People might once moi-e have a free 
Choice of their Repi-esentatives. As for getting clear 
of the Proprietors Quit-Rents, that is such an absurdity 
to mention, that no body could be guilty of it but 
Samuel Jenings and Lewis Moms; for it is evident, 
that at the beginning of every Sessions, I have i-ecom- 
mended it to the Assembly, to prepare a Bill or Bills 
for settUng the Rights of the Proprietors; which, I 
suppose, will be a full Answer to that part. And as I 
know of no such Men as Contributoi*s, so I can have 
had no such Application made to me: I have not, 
knowingly, put any mean or mercenary Men into 



196 LOED COENBURY^S ADMINISTEATION. [1707 

OflSce; indeed, at my first coming to the Government 
of this Province, I desired the Grentlemen of the Coun- 
cil to I'ecommend Persons to me, fit to put into OflBces, 
Military and Civil; several of them gave me Lists, and 
among the rest Mr Lewis Morris gave me one, which 
I have still by me, in which indeed, by experience, I 
find there are some mean scandalous men, but I can- 
not accuse any body else of doing the like. 

Thus much I thought my self obUged to say in an- 
swer to your Remonstrance, to satisfie the world of 
the f alshood of your Allegations, and the unreasona- 
bleness of your Complaints. I have said the less in 
answer to the scandalous Reflections you have cast 
upon me, because I don't doubt, but upon my most 
humble AppUcation to her most sacred Majesty, the 
Queen, she will be graciously pleased to allow me to 
take such measures as may be most proper to procure 
me ample satisfaction for the great and Extravagant 
Injuries you have done me. 

As for the Advice you conclude with, I shall only 
say, That I can never answer the taking advice from 
Men who do not know how to govern themselves, and 
who have always opposed the Service of the Queen, 
and the Interest and good of their Country, which are 
inseperable. 

Now, Gentlemen, I shall take notice to you of some 
of yoiu- last unwarantable Proceedings in this Assem- 
bly, which I cannot pass by without a breach of the 
Trust i-eposed in me by her Majesty; And, first, I shall 
observe, that at the opening of the Sessions, I recom- 
mended to you the settUng a Revenue, and the 
preparing several Bills, which I thought might be 
useful for the Country; and I told you, that if you 
found anything else necessary to be provided for 
by a Law, you should always find me ready to 
agree to anything that might be reasonable; but instead 
of proceeding upon those things so necessary that they 



1707] LORD CORXBURTV ADMINISTRATIOX. 107 

ought to have imployed your first thoughts you have 
squandered away your time in hawking aft-er Imagin- 
ary Grievances for the space of one whole Month, 
without making one step towards the Service of the 
Queen or the Country. 

You have presumed to take the Queens Subjects into 
the Custody of your Serjant at Arms, who an* not 
Members of your House, which you cannot lawfully 
do, and is a notorious Violation of the Liberties of the 
People. 

You have taken upon you to administer an Oath to 
one of your Members, and have exi)elled him from the 
House for refusing to take an Oath, which you could 
not legally administer to him: This is most certainly 
Robbing that Member of his Property, and a most no- 
torious assuming to yourselves a Negative Voice to 
the Free-holders Election of their Representatives; for 
which there can be no President found. 

You have Arbitrarily taken upon you to command 
the High-Sheriff of this County to discharges a Pris- 
oner, who was in his Custody at the Suit of ones of tlui 
Queens Subjects, and he has been weak enough to do 
it, for which he lies lyable to be suc^d for an osijains, 
whenever the Gentleman thinks fit to do it, and from 
which you cannot protect him. This is a notorious 
violation of the Rights of the Subjects, and a manifest 
interruption of Justice. 

You have taken ui)on you to apiK>int one of your 
Members to act as Clerk of the Committer; of th<i whol<5 
House, which you have no power tr> do, and the J'arty 
officiating is liable to be pro«Kmt<Kl for a/:ting without 
lawful Authority, and without }K»ing (pialififfd to art. 

These, ( lentlemen, are w>m»; of tin; lrn?gulariti(?s you 
have l>e<m guilty of this Sf^sions: Soni<* of thfjui an; 
Incroachments uixm the Quw^ns P(;rogativ«j l^>yal, the 
rest are all notori<iUs Infrar;tionH ujKin the liights, Lib- 
erties and ProjMjrties of the J^jople. 1 was going to 



198 LORD coknbury's admixistratiox. [1707 

conclude, with giving you some wholesom Advice, but 
I consider, that will be but labour lost; and therefore 
shall reserve it for Pei-sons, who, I hope, will make 
the right use of it. 

FINIS. 



Affidavits and Depositions in support of the foregoing 

Remonstrance. 

I From P. R. O. America and West Indies, Vol. 6.] 

A Collection of Afl&davits, Depositions and Pe- 
titions to the Assembly of Nevsr Jersey, to 
support the accusations of the said Assem- 
bly against Lord Combury's Administra- 
tion of that Province. Inclosed in Mr. 
Morris's 9 Feb'ry 170^ 

Joseph Fftzrandolph Aged about fifty one yeai-s 
being sworn saith that some time in or about the 
Month of March 17oJ Richard Salter being at the 
House of Benja" Hull in Piscataway sent for this 
Depon* about some bussiness on which sd depon* came 
to sd House and then said Salter told sd depon* that 
now was the time to have their Liberties and Privi- 
ledges in chusing Assembly men and having Officei's 
appointed to the good liking of the People and to be 
fi'eed of their Quiti'ents if there werf» a sum of money 
raised to be privately disposed of to that end and that 
the sd depon* having a great Deal of Land might very 
well give ten pounds for so good ends Others of Less 
ability (naming several Neversinks which the depon' 
has forgot except one of the Lawi-ances) having given 



1707] LORD cornbury's administration. 199 

more to which sd depon' answer'd that he sd depon* 
was a Poor man but yet he would give five pounds if 
he were sure to have these things done to which sd 
Salter reply'd that there was no doubt to be made of 
having them done by means of which fair Promises 
the depon* was prevail'd upon to grant an ObUgation 
to Cap* John Bowne for the payment of five pounds 
which was presently fill'd up in a blank ObUgation 
severall of w^ sd Salter had ready written by him. 
Swora as before Apr. 29^** 1707. 

Lewis Morris chairman 



WiLUAM LucAR Aged sixty seven yeai-s being sworn 
saith that M' Salter perswaded him to sign a Bond for 
forty pounds payable to Cap* John Bowne which at 
first he the sd deponent refused by reason he would 
not tell him what it was for but said he must ask no 
questions and that it was for a Publick good but Jose : 
Lyon Jonas wood & Benja Meaker promising the the 
depon^ to pay ten ix)unds each Encouraged him to sign 
the sd Bond and aftei^wards being in company w"' M' 
Salter and severall others at the House of Jos. Meaker 
severall men at that time sign-d Obligations to this 
depon* for the sum of forty pounds upon which he 
released Jonas Wood Jos. Lyon and Ben. Meaker and 
they at that time together with John Woodrofl^ 
Benja™ Ogden and Benja'V Lyon signed Bonds for ten 
pounds each payable to Cap* John Bowne as did also 
John Tomson for Eight poimds as they infonn'd this 
depon* and this depon* furthei* saith that M*". Salter 
had blank l)onds witli him for that puipose and this 
depon* fui-thoi* saith that this money was not raised to 
pay the Lawers but that there was fifty pounds raised 
for them to plead against the Long Bill &c before this 
and this depoii* further saith that he was in hopes they 
shou'd be cleared from l>aying Quitrents by their 



200 LORD cornbury's administration. [1707 

raising this money and that he heard severall whose 
names he cannot remember say the raising this money 
was to desolve the then Assembly and get new 
Justices and this depon^ further saith he heard that 
John Pike Capt Langstafe Jos Fitz Randolph John 
Drake Benja'" Hull and Edmund Dunham gave about 
five poimds each & further this Depon' saith not. 
Sworn as above Apr: 28"* 1707 

Lewis Morris chairman 



Some time on or about January 1703 Richard 
Salter came to Woodbridge and desir'd to speak with 
some of our People which was comply.d with meeting 
at M' Powels House John Pike being one: the sd 
Richard Salter began and said now was the time to 
have our agrievances Remedied, for my Lord (he said) 
stood Inclin'd to the dissatisfied party, and that now 
was the time to prosecute the opportunity and make 
my Lord (said he) a present of a peice of money of 
seven or eight hundred pounds and there was no 
question to be made but that it wou'd do that we 
shou'd be confirm'd in our Rights and have such 
Officers both civil and Mihtary as the People shou'd 
best like of And that my Lord (he said) had already 
put him (speaking of himself.) and Anthony Wood- 
ward in the Commission of the Peace which caused a 
great consternation in the contrary Party and further 
said that the money must not be carried to My Lord 
for he would not be seen in it but there was another 
hand by which that might be done with these and 
other like Inticeing arguments did prevail with John 
Pike to sign a Bond. 

Sam'' Dennes 

This was Sworne before John Harrison Justice 



1707] LOJiD cornbury's administration. 201 

The Deposition of Isack Whitehead of Elizabeth- 
town Aged fifty four years or thereabout this Depon' 
saith that he being present at a tiyal between W"" 
Lucar Plantif & John Grain Defendent before Coll 
Townley that this depon* heard Coll Townley ask the 
Plantif what he had to offer as matter to prove the 
debt alledged against John Crain upon which the 
Plantif Produc'd a paper with a number of names and 
seals and Coll Towley reading over the Paper this 
Depon^ heard Coll Townley say that now he Saw John 
Meaker was a man of his word for he herd the sd 
meaker shou'd say that he the sd Meaker had paid 
four pounds for the desolving of the Assembly and 
further this deponent saith not. 

May the 5^** 1707 this day sworn before me 

Benjamin Price Justice 



Benj AMINE Ogden Aged about fifty three years being 
sworn saith that Richard Salter upon pretence of the 
pubhck good did perswade this deponent in March 170i 
to grant bond to John Bowne for the payment of ten 
pounds which he this depon^ paid the ()^'' of May 1707 
which at granting sd bond he expected the money 
shou'd be given to my Lord Combury who was to 
perform this pubhck good as he supposed. 

Sworn as above May y® 6^** 1707 

Benjamin Ogden 
Lewis Morris chairman 



The 8^^ day of March 17(>J I sign'd and seal'd a Bond 
to Cap^ John Bowno of ten pounds which was design'd 
for a Pubhck good I cannot tell what use this monev 
was converted to nor what it will be I have as mucn 



202 LORD cornbury's administration. [1707 

reason to think his Lordship has part of it as anybody 
because he is the most able to oblige us I have paid the 
money and taken up my Bill. 

Jonas Wood 
Sworn as above 6*** may 1707. 

Lewis Morris chairman 



The 8"' day of March 170J Being at Joseph Meaker's 
House in EUzabethtown I was perswaded to sign a 
Bond to Cap* John Bowne of ten pounds by Joseph 
Meaker Mr Salter said it should be for the Countries 
Good which money I have paid to Cap' John Bowne I 
cannot tell who this money was intended for but I 
beUeve 'twas for his Ldship 

John Woodruff 

Sworn as above May y* 6**" 1707. 

Lewis Morris chairman 



To the Hon^?® House of Representatives for the Prov- 
ince of New Jersey now sitting in BurUngton 
The Petition of John Pike of Woodbridge in the 
County of Midlesex in the sd Province 

Humbly Showeth 

That Richard Salter of the County of Momnouth in 
the sd Province in the Latter end of the year 1703 or 
Beginning of the year 1701^ Did at Woodbridge aforesd 
by subtile and crafty words and cuning insinuations 
(and (as your Petitioner beleives) with sinister ends 
inform your Petitioner and M' Samuel Dennes together 
with other Inhabitants of Woodbridge that the s' 
Province was groaning under insuperable burthens 
viz. that the constitutions of the QuaUfications of 
Electors and Members requir'd to serve in Greneral As- 
sembly was an Incroachment upon and destructive to 
the Liberties and Priviledges of the Inhabitants of 



170T] LORD coknbury's administration. 203 

this Province that the then Representatives of the 
Generall Assembly were Enemies to the Country that 
the then Officers Civil and MiUtary were such as were 
no friends to the Country and Obnoxious to the 
People That Titles of the Freeholders lands were like 
to be called in question and either destix)y'd or become 
precarious for a Remedy whereof the sd Salter did pro- 
pose to your Petitioner the sd Sam" Dinnes and othei-s 
That if the Country (or the Eastern Division as your 
Petitioner understood him) wou'd raise a sum of Seven 
or Eight hundred pounds which must be privately dis- 
posed of there could be obtained a dissolution of the 
then Assembly a New one Elected the constitution of 
the qualifications of Electors and Representatives al- 
tered the Lands confirmed Particularly the Commons 
of Woodbridge secured such Officers turn'd out and 
in their Stead such others appointed as might be pleas- 
ing to the People and such in Woodbridge as the In- 
habitants of Woodbridge shou'd nominate and that 
the money raised wou'd onlv be Lent because an Act 
cou'd be obtained from the next Assembly to Reim- 
burse those generous Inhabitants that wou'd advance 
the same, by whicli specious pretences the sd Salter 
prevailed upon your Petitioner that he entered imder a 
penal obhgation of the sum of forty poimds for the 
payment of twenty pounds to Cap* John Bo\vne a 
Member of your House according to the sd Saltei-s de- 
sire who did infomi your Petitioner that the sd Capt 
Bowne upon receipt of sd obligation would readily ad- 
vance the mom*y since* which time your Petitioner 
pi^rceiving the Fallacie and Deceit of the the above sd 
Pretences was unwilling to pay the whole sum but 
tho' to his prejudice hath ofl:ered to compound witli 
the sd Bowne Provided he wou'd make an abatement 
which he still refuseth to do but on the contrary 
threatens to put the sd obligation in suit 
Your Petitioner hath been Credibly Inform'd that 



204 LORD cornbuey's administration. [1707 

the sd Salter took such measures as af oresd through 
most parts of the Eastern Division by which was ob- 
tained Large sums of money Your Petitioner therefore 
Humbly Prays "that the Hon^^' House of Representa- 
tives will take the above s"* Petition into consideration 
and to take such measures therein as in your Wisdom 
shall think fit for Reheving your Petitioner from pay- 
ing the sd Fraudulent Obligation and to take such 
measures for the future to discourage Impostors from 
cari'ying on such cheating Impositions upon the Inhab- 
itants of this Province and as in duty boimd yo' Peti- 
tioner shall ever Pray &c' 
April 21'.^ 1707 John Pike 

And further more this depon^ upon Oath declares 
That upon Discourse with Richard Salter the depon^ 
told s** Richard it was very imjust and unreasonable 
that we shou'd buy with our money that which of 
Right belong'd to us and sd Salter Reply'd that it was 
customary in England so to do &c' And further saith 
that being in company with Cap' Bowne at Amboy he 
demmanding the money specified in the Petition I told 
him that it seem'd to me unreasonable to pay our 
money before we had an account of the disposing of it 
which he told me that he wou'd give me or any other 
concern'd single or alone and not otherwise The which 
hath not yet been done to me or any other that I 
know of and further saith not. 
This was sworn before John Harrison Justice. 

John Pike 



To the Hon*"^** the House of Representatives of the 
Province of New Jarsey the Petition of George 
Drake of Piscataway in the County of Middlese'x 
& sd Province 
Humbly Sheweth. 
That sometime in or about the Month of March 



1707] LORD COENBURY^S ADMINISTRATION. 206 

anno domini iTOf Richard Salter came to the House of 
Benjamin Hull of Piscataway aforesd and did inform 
your Petitioner with many others That now was the 
time to have their grievances Redressed and to have 
their former Liberties and Priviledges Restored 
Especially in Chusing Assembly men and to have the 
naming of their Officers Civil and Mihtary or at lest 
have such put into those Offices as should be pleasing 
to them If they wou'd contribute and raise a sum of 
money to be privately used and disposed of to that end 
by means of which cuning subtile and craftie insinua- 
tions and fair Promises your Petitioner was Prevail'd 
upon to grant a bond to John Bowne for the payment 
of four poimds which is now threatned to be put in 
suit against your Petition to the great Lose and Dam- 
mage of your Petitioner and his Family Yom* Peti- 
tioner never having had the least Valuable considera- 
tion for granting the sd obligation. 

May it therefore Please this Hon^^® House to take the 
Premises into serious consideration and take such 
measiu'es therein to Releive your Petitioner against 
the sd obligation and to discourage and Prevent such 
cheats for the future as to this Hon^l® House in their 
Wisdoms shall seem most meet and convenient. And 
your Petitioner as in Duty boimd shall ever Pray &c. 

George Drake. 



To the Hon^!* House of Representatives of the Province 
of New Jai-sey the Petition of Benjamin Huu. of 
Piscataway in the County of Middlesex in the sd 
Province. 

Humbly Sheweth. 

That sometime in or about the month of March anno 
domini I70f Richard Salter came to the House of your 
P(»titi()ner and did infomi your Petitioner with many 



206 LORD COENBURY'8 ADMINISTRATION. [1707 

others That now was the time to have their Grievances 
Redressed and to have their former Liberties and 
Priviledges Restored Especially in chusing Assembly- 
men and to have the Naming of then' Officers Civil 
and Military or at lest such put in those Offices as 
should be pleasing to them to get free of their Quit 
rents or words to this effect if they wou'd contribute 
and raise a sum of money to be privately used and 
disposed of to that end by means of which cimning 
subtile and Crafty insinuations and fair Promises yom- 
Petitioner was prevail'd upon to grant a Bond to John 
Bowne for the Payment of three pounds which bond is 
now threatned to be put in Suit against your Petitioner 
to the great Lose and Damage of your Petitioner and 
his poor Family your Petitioner never having had any 
the least valuable consideration for granting the sd 
Obligation. 

May it Therefore Please this Hon^!* House to take 
your Petitioners case into Serious Consideration and to 
take such measures in the Premises as to this Hon^'* 
House shall seem meet to Releive your Petitioner 
against the aforesaid Obligation and to discourage and 
Prevent such cheats for the future and your Petitioner 
as in Duty bound shall ever pray &"- 

Benjamin Hull 



To the Hon''* House of Representatives of Her Majes- 
ties' Province of New Jarsey the Petition of John 
Langstaff of Piscataway in the County of Mid- 
dlesex in the Eastern Division of sd Province. 

Humbly Sheweth 

Whereas your Petitioner being served with an Order 
of this Hon^** House to Attend this Hon*'*^ House at 
BurUngton the 28^? Instant In obedience to W' Order 
your Petitioner having duly attended this Hon'"" House 



1707 J LOBD cornbuky's administration. 207 

in order to give his Evidence in such matters as shou'd 

be demmanded by this Hon^'^* House was last night 

arrested at the suit of Cap* John Bowne for the sum 

of ten poimds contained in the same bond which was 

craftily Extorted from your Petitioner by Richard 

Salter for the payment of five pounds upon the sd 

Salter's fan* and specious Promises of the Publick Good 

Greivances Redressed &*'• and your Petitioner is now 

detained in Prison the Sherrif having Refused to 

Accept of severall of the Members of this Hon'* House 

who kindly offered themselves to be Bail for your 

Petitioner who is so far from Home and a Stranger 

here. 

May it therefore Please this Hon^^® House to take 

your Petitioner's case into consideration and be pleased 

to grant your Petitioner such Releife against the sd 

arrest and the sd fraudulent Obligation as to this 

Hon^i' House in their Wisdoms shall seem most meet 

and convenient and your Petitioner as in Duty bound 

shall ever pray &c 

John Langstafp 



John Johnstone aged about forty five yeai-s being 
sworn saith that some Gentlemen of the Eastern Divi- 
sion of this Province Prevail'd with him to go to 
New York to my Ld Combury in the Month of May or 
June before he Pubhshed his Commission in the Jar- 
seys to acquaint him that they expected him to be 
their Governor and that they had obtain'd from the 
Queen some Terms on smTender of their Government 
which were to be given his Ldp. in his Instructions a 
copie of which he this Deponent then gave his Ldp. to 
look over desiiing he wou'd be pleased to let him know 
if he thought any of them were such as he cou'd not 
when Gov' put in execution withall teUing his Ldp. 
that lie had reson to l)elieve some of them wou'd be 



208 LORD cornbury's administration. [1707 

opposed by a great many People, whose Interests or 
Inclinations they did not answer withall the Depon^ 
told his Ldp. that these Grentlemen had ordered him 
this depon* when his Ldp came to be Grovf to make him 
a present of a piece of Plate to the value of two hun- 
dred pounds hopeing his Ldp. wou'd nicely observe his 
Instructions and use his Endeavours to put them in 
Execution his Ldp. told the depon^ he was commanded 
by Her Ma".* to receive no presents but whatever 
Instructions she gave him he wou'd certainly observe 
and that this depon*? demmands were such as he wou'd 
perform That seeing this Depon^ gave his Ldp. the 
perusal of those Instructions his Ldp. wou'd read them 
over his Ldp. appointed a time for this depend to call 
again which this depon^ then did and then appointed 
another time when his Ldp. deUver'd back the copie to 
this depon^ his Ldp. said he had perused them and told 
this depon^ when his Instructions came y* his Ldp. 
wou'd exactly observe them with which the depon* 
acquainted several of the Gentlemen who desired the 
depon* when his Ldp came to Publish his Commission 
to give his Ldp one hundred pounds with which this 
deponent waited on his Ldp at his chamber in M^ 
Forster's house but his Ldp' refused to take it saying 
her Maj"® had for bid him and he wou'd not touch with 
it upon which this Depon^ left it in his Ldps. chamber 
and came away sometime after during the sitting of 
the first Assembly this depon* was desir'd to carry his 
Ldp the other hundred pounds (some of the Gentlemen 
concern'd thinking his Ldp* began to cool in observing 
his Instructions) which this depon^ did carry to his 
Ldp's chamber in his Ldgings telling his Ldp that what 
this depon^ had promised was now brought w^*' his 
Ldp* with seeming earnestness refused saying the 
Queen had ordered him to receive no money this 
depon' told his Ldp* that had this depon* known what 
peice of Plate wou^d have been most agreeable to his 



1707] LORD cornbury's ADMIXISTRATION. 209 

Ldp* itshou'd have been put into that w^^ this depon* 
believ'd her Ma"® had not forbid and that it was not 
given as a Bribe but a mark of favour and regai-d 
to his Ldp* for nothing had been demmanded but 
what was Just and reasonable if otherwise this depon^ 
desir'd to know that such things might be forbom 
for the future to which his Ldp* said there never had 
and withall told this depon^ that he this depon^ had 
Lent his Ldp* one hundred poimds already which he 
would pay again after which and many other words 
this depon^ left the hundred pounds (being what he 
had promised) where he had laid it (which he thinks) 
was on the table and went away. And further this 
depon^ saith that sometime after his Ldp* Instruc- 
tions came this depon^ Enquired of his Ldp* whether 
they agreed with those this depon' had shown to his 
Ldp' which his Ldp* said he thought they did in 
every thing, and this Depon^ further saith that he 
this deponent did never i-eceive the hundred pounds 
which his Ldp* said he wou'd pay again nor never did 
expect it nor this last hundred pounds. And further 
this depon^ saith that a few days since being in com- 
pany with Richard Salter and discoureing about the 
Assembly, Enquiring how the money was disposed of 
that was privately raised the sd Salter told this depont 
he cou'd du'ect them to a Person to enquire of and 
being asked by this depon^ who that was replied D- 
Bridges and said that if any body cou'd tell it was he 
and further this depon' saith not 
May 1"^ 1707 Swome before 

a Gi-and Committee of y Lewis Morris chairman 

House of Repi-esentatives 



John Langstafk Aged sixty years being sworn 
saith That Cap* Richard Salter some time in the Month 
of March 170J being at the House of Benjamine Hull 
14 



'IIO LORD CORNBURY'S ADMINISTRATION. [1707 

in Piscataway in company with the depon' and some 
others he said to the sd depon* that now was the time 
to have their Grievances Redressed to have such Offi- 
cers Civil and Mihtary as the People best liked of to be 
freed of their Quitrents to have the then Assembly 
desolved but the doing of these things wou'd require a 
sum of money to be privately raised and disposed of to 
that end and further said that tho' the money was to 
be given to my Lord yet it might not be carried 
directly to his Ldp* but that it was to be convey 'd to 
his Ldp* by an: other hand and also that the money 
now raised should be only lent for the next Assembly 
wou'd raise money to repay them that did advance any 
money now or words to this effect by means of which 
fair Inticing Promises the sd Depon* was prevail'd upon 
to grant an ObUgation to Cap* John Bowne for the 
Payment of five pounds which was fiU'd up in a blank 
Bond many of which sd Salter had ready which he 
said were drawn by a Boy of his and further saith not. 
Apr: 29 1707 Swome before. 

Lewis Morris chairman 



M'/ Anthony Woodward being Sworn and upon his 
oath declares as f olloweth That he paid unto Capt John 
Bowne Ten pounds to be apply'd by him towards the 
paying some Lawers and such other Pubhck use as 
he should think fit and further saith not. 

Sworn as above Apr: 21 1707. 

Lewis Morris chairman 



Joseph Meaker Aged fifty nine years being Sworn 
saith that M.*^ Richard Salter told this depon^ that he 
thought the then Assembly would be dissolved and 
that the Countrey had not a free choice of their Repre- 



1707] LORD cornbury's administration. 211 

sentatives in that Assembly and that if a sum of 
money cou'd be raised which he the sd Salter perswad 
ed to; He sd Salter said he knew he could procure 
from my Ld Cornbury that they shou'd have a free 
choice of their Representatives their Quit rents clear'd 
and new Justices made such as the People had a mind 
to this depon* further saith that Richard Salter in a 
great company where himself Jonas Wood Joseph 
Lyon Benjamine Meaker and severall other's were, 
Salter told them that the money raised was to be given 
to my Ld Cornbury to obtain the Ends af oresd that 
this depon^ paid fom* pounds himself with intent to be 
given to my Ld Cornbury for to obtain the Ends 
af oresd and that most of the Contributers in Elizabeth 
Towne told this depon^ that they had given the money 
to be given to my Ld Cornbury to obtain a dissolution 
of the then Assembly and other the ends before named 
this depon^ says he does not know whether the money 
was given to my Lord Cornbury or not but he believes 
it was. 
Apr. 28 1 7(»7 Sworn as before. 

Lewis Morris chairman 



Sefty (tROVER Aged forty nine years lieing Sworn 
saith that he saw severall Billes in Saltei^'s hands for 
several sums of money Particularly one from M."" John 
Royce for a sum above thirty pounds one from one 
Ijucar (but whether the younger or older he knows 
not) for forty pounds and from one Dunham or some 
such Name for five pounds that the sd Salter wouVl 
have had this depon^ sign a Bond to Cap^ Bowne and 
accordingly produced a blank Bond ready drawn which 
this depon' refused to sign untill he knew what it was 
for Salter rt^plyM it was for the good of the Country 
and 'twou'd prove so and this depon' urged very hard 
to know what it was for he the sd Salter told this de- 



212 LORD CORNBUBY'S ADMINISTRATION. [1707 

pon* He should never know more than he did know 
this depon^ saith further that he saw a parcell of Pa- 
pers in Salters hands which Salter told him were Billes 
and read severall of them to him but he does not re- 
member the Persons Names or Sums but that they 
were most or all taken in Cap* John Bownes Name he 
the s** depon- also saith that James Grover told him he 
gave ten pounds on the account James Cox told him 
six or seven times that he had given ten pounds James 
Bowne told the depon* he had given six pounds George 
Allen told this depori* he had given twelve pounds 
Gersham Mot told this depon* it had cost him twenty 
pounds but whether it was for the Lawyers or upon 
the other account which generally obtain'd the name 
of the blind tack this depon^ can not tell y* William 
Winter told this deponent he had given four pounds 
upon that blind tack John Bray told this depon he 
had given six pounds and that he was straitned to 
procure the money y* this depon^ heard Salter read a 
Bill from himself to Bowne but remembers not the 
sum this depon^ further saith that by Common fame 
the Persons hereafter nam'd were supposed to contrib- 
ute to the bUnd tack, as follows viz. Widow Reape 
twenty pounds Steven Cook six pounds Joseph Cox 
twelve pounds Garet Wall thirty pounds he told this 
depon^ it had cost him forty pounds Nathaniel Parkei* 
Eight pounds John Lipincot six pounds Joseph Parker 
six poimds Elisha Laurance twenty pounds and that 
all the Laurances except Benjamine gave money Rich- 
ai'd Hartshorne thirty pounds Cap' Andrew Bowne 
thirty six pounds this depon* thinks Salter show- d him 
Cap* Andi-ew Bownes Bond for that sum Edward 
Woolly seven or eight pounds John Woolly eight 
lK)unds Obediah Bowne thirty pounds Moses Lipet six 
pounds John Stout six pounds W" Winter told this 
Depon' he was by when Lipet and Stout gave it John 
Williams Eighteen shillings Joseph Wai'dell Eight 



170TJ LOKD CORXBURY^S ADMINISTRATION. 2V*^ 

pounds John Scot five pounds and upwai-ds John Lau- 
rance seven pounds WiUiam Hai-tshorn six pounds 
Richard Lipincot five pounds and upwards Thomas 
White eight pounds James Ashton seven or Eight 
poimds George Hulet six pounds Old Robins forty 
shilUngs Richard James Six pounds that it was gener- 
ally belie v'd one man had all the money aforesd Wil- 
liam Winter told this depon^ Salter promised to get his 
Quitrents oflf and that Cap^ Stillwill shou'd be put out 
of office and this depon^ saith that it was Salter gener- 
ally went about to perswade the raising the above sd 
money this depon* fui-ther saith it was some little time 
after he the sd Salter had taken the Oaths for to be a 
Justice of the Peace that this depon? had this discom-se 
with him and that some time before that, the sd Salter 
had desir- d this depon^ to send severall persons to meet 
him at Middletown at an appointed time which this 
depon* did do and some of the pei-sons af tei-wards told 
him they had given him the sd Salter Bills on acs 
count of the Blind Tack aforesd and further this de- 
don* saith not. 
Apr: 20"' 1707 Sworne as before. 

Le\\is Morris chaimian 



George Allen aged about thirty five yeai's being 
Sworn saith that he gave a Bond to John Bowne for 
the payment of six pounds intended for the good of 
the Country and for paying of Lawei*s fees and that 
he his depon' i-eceived twenty shillings from M" Bickly 
without her teUing this depon? on what account it was 
or saying anything to this depon^ about it which twen- 
ty shillings he this depon' gave to Obediah Bowne a^s 
his own money but says he believes the sd M" Bickly 
gave the sd twenty shillings to this dejx)!!^ on that 
account that it is for the Lawyei-s fees this dejmn* fur- 
ther saith that upon recollecting his memory that he 



214 LORD CORNBtJRY^S ADMINISTRATION. [1707 

receiv'd two pieces of Gold more of sd M" Bickly and 
three pounds of Jean Borden and six pounds of John 
Woolly and six pounds of Greorge Hulet all which sd 
depon* paid to Obediah Bowne to be by him paid to 
John Bowne or Richard Salter but which of them sd 
Obediah Bowne paid sd Eighteen pounds this depon' 
knows not certainly but beUeves sd Obediah Bowne 
paid it to Richard Salter and the sd depon^ further 
saith that he beUeves that the design of raising and 
paying sd money was for Lawers fees to prosecute 
Thomas Gordon and to stop the passing of the long 
Bill and sd depon^ further saith that he has heard that 
there was a great deal more money raised to disolve 
the first Assembly to have the choice of Officers Civil 
and Military &c and that sd money so raised was to be 
repaid by the next Assembly and much more to that 
effect and further the depon* saith not. 

Sworn as above May 3** 1707. 

Thomas Gordon Chah-maii 



AsHER Clayton Aged about thirty three years being 
sworn saith that Richard Salter being in company 
with this depon- told him that the greatest part of the 
People in the Coxmtiy that had any Regard to the 
future had given or agreed to give money and furthei* 
told this depon^ that his father had agreed to give 
twenty poxmds but that if he and his Brother wou'd 
give ten poimds they shou'd be excused which they did 
promise to do if their father had Engaged to pay such 
a sum but upon Enquiry finding it to be false and 
being well assured that their father had made no such 
promise they did not pay to the sd Salter any money 
upon which refusal the said Salter writ them a Letter 
that they did severally Engage their faith that if he 
wou'd pay ten pounds into the stocks then raised for 



1707] LORD cornbury's administration. 215 

the service of the Country against the Proprietors In- 
terest that then seem'd to Tower above the Levell of 
their Nighboiu^ they the sd Clayton's wou'd repay it 
and which if they did not do he thi-eatned to Enter his 
Suit in the High Court of Chancery against them fur- 
ther this depon* saith Richard Salter show'd him a List 
of Names of Persons which the sd Salter said had 
given money and Remembers he saw in that List the 
Names of Thomas Killing worth and William Dare 
that against Killingworth's name was ten pounds and 
against Dares five pounds or ten but the depon* is not 
positive which or whither the ten pounds was against 
Dares Name and the five poimds against Killingworth's 
but is positive there is no sum in that List above ten 
pounds And Salter said notwithstanding his the de- 
pon^ father had promised to give twenty pounds he 
the said Salter would accept of ten from this depoii' 
and his Brother if he was wiUing to give it And fur- 
ther the depon* saith that when he acquainted sd Sal- 
ter that he was Inform'd that his Father had made no 
such Promise the sd Salter grew Angry and said he 
had not laid the money down for him nor by God 
wou'd not except the depon^ paid him and further the 
depon*. saith not. 
Sworn as above Apr: 25"' 17<>7. 

Lewis Morris chairman 



John Clayton aged about twenty seven years being 
attested said that Richard Salter being in company 
with this Deponent at Burlington in August or Sep- 
tember about two years and a half since the sd Salter 
did tell the sd depon^ that his Father had promised to 
give twenty pounds to the pubUck stock then raising 
for the service of the Country against the Propi-'s In- 
terest but that if this depon* and his Brother wou'd 
give ten pounds he wouM accept of it which this de- 



210 LORD CORNBURY'S ADMINISTRATION. [170*; 

pon^ and his Brother promised to do if his Father had 
made any such Promiset this depon* further saith that 
the sd Salter at the time and place aforesd did shew 
this depon' a List of pei-sons names who had subsribed 
to pay sevei-all sums of money and that this depon' 
saw Tho Killingworth and Cap' Will. Dare subscrib 
theii- Names to the sd List and that against Killing- 
worth's name to the best of his memory was ten 
pounds put and against Dare's Name five poxmds was 
put by the sd Killingworth and Dare and further the 
Depon^ saith not. 

t but y^ they were afterwards informed he y^ depo- 
nents Father had made no such promise 

Sworn as before Apr: 28*? 1707. 

Lewis Morris chairman 



William Laurance Aged forty eight years being 
sworn saith that he gave twenty pounds to Capt John 
Bowne to be disposed of for the PubUck good of the 
Province viz. to pay some Lawers that had been En- 
gaged to plead before the Assembly against some Per- 
sons which this depon' and others then thought to be 
unduly elected and unjustly returned by the Sheriff 
and not meeting with the Satisfaction they expected 
from the then Assembly: Did design to Employ an 
Agent if need required to go for England to manage 
the matter against Thomas Gordon the then Sheriff 
and further this depon' saith that being thi*ee days 
since in Company with Richard Salter the sd Salter in 
a merry way of discourse about the Assembly's En- 
quiry concerning the two Blind Taxes as they are 
call'd said if they wou'd have a further account they 
may go to (or enquire) of D' Bridges or words to that 
effect And further this deponent saith not. 

Sworn as above May 1** 1707. 

Le\\ts Morris chairman 



1707] LORD CORNBURY's ADMlXlSTRATIOy. 21 



fV 



John Royce Aged fifty years being sworn saith that 
he paid forty pounds to Cap^ John Bowne for the ser- 
vice of the Country to hinder the Passing of the Long 
Bill either here or in England and that some money 
was given to Lawers but what became of the rest this 
Deponent knows not but that the common report was 
that the money was given to my Loixi Combury but 
this Deponent is rather of Opinion that it was deliv- 
ered to Dr Bridges and further this depon^ saith not. 

Swome as befoi'e May 1*^ 1707. 

Lewis Morkis chairman 



EusHA Parker Aged forty six years being sworn 
saith That he paid Eight or Ten pounds to Cap^ John 
Bowne but is not certain which and that it was for 
the good of the Country and was perswaded by Cap* 
Richard Salter and others that the Proprietors had a 
greater Interest with my Lord Combury than the Peo- 
ple and therefoi-e this Depon* did join with others in 
contributing a sum of money to present to his Ldp* 
and his Favorites to Induce him to be more the Freind 
of the People than at that time he thought he was and 
that this depon^ was Informed by sd Salter but not in 
direct terms that it was given to D" Bridges and my 
Ld Combury and this depon.^ is of opinion 'twas shar'd 
between them and further this deponent saith not. 

Sworn as above May y*" 1*' 1707. 

Lewis Morris chaii-man 



Edmond Dunham Aged about foi-ty six yeai-s being- 
sworn saith that about three yeai's ago being at the 
House of Cap* Andrew Bowne in Company with Cap* 
Richard Salter sd Salter told the dei)()n' that he thought 



218 LORD cornbury's administration. [1707 

it convenient that some money might be rais'd for the 
Publick good and the Depon* Elnquiring for what sd 
money was the sd Salter reply'd there must be no 
questions asked and sd Salter having a blank Obliga- 
tion ready sd Depon* did sign one for the payment of 
five pounds to Cap* John Bowne and further saith not. 
Sworn as before Apr. 29"* 1707. 

Lewis Morris chairman 



John Drake Aged about fifty years being sworn 
saith that some time in March anno domini 17(>f being 
in company with Richard Salter at the House of Benja™ 
Hull in Piscataway He sd Salter said to this depon* 
now was the time to raise money for the pubUck good 
and to be freed of their Quitrents he this depon* 
answer'd what way was the money to be imploy'd for if 
it was to be disposed of here he thought it wou'd do 
Uttle good but if it were to be Imploy'd at Home 
against the Proprietors to be freed of their Quitrents 
he the said depont wou'd freely contribute to which sd 
Salter reply'd that the way of disposing of the money 
must not be spoken of but to be sure the Person in- 
trusted with the money wou'd take cai'e it shou'd be 
disposed of for the Publick good by means of which 
fair promises he this depon^ was prevail'd upon to sign 
an ObUgation (several of which sd Salter had ready 
writ blank) for the Payment of four pounds to Cap* 
John Bowne. 

Swome as above Apr. 29'.** 1707. 

Lewis Morris chainnan 



I John Woolly Aged about forty six years being 
Attested say that I dehver'd six pounds to George 



1707] LORD cornbury's administration. 219 

Allen to be delivered to John Bowne to pay some Law- 
ers that had been Imploy'd to ple^d before the Assem - 
bly Against Thomas Grordon concerning the HI usage 
that the greatest part of the Eastern Division thought 
they met with at the Election at Amboy and no other 
Reason that I know of Induc'd me to pay that money 
and to the best of my memory it is thi*ee years the last 
first and second month. John Woolly 

Sworn as before May y* 6*'' 1707. 

Lewis Morris chairman 



To the Hon^?® Representatives of the province 
of New Jersey in General Assembly the 
petition of us underscribers freeholders and 
Inhabitants in y* Eastern Division of sd 
province 

Humly Sheiveth 

That whereas yoiu* Petitioners are Credibly Informed 
y^ y* publick Recoi-ds Laws & other pubhck writtings 
y' were formerly keept in y Seci'etaryes office of 
and belonging to y'" province of East New Jei-sey now 
y*" Elastem Division of sd province are or have of late 
been in y* Custodie of Peter Sonmans who Calls him- 
self Agent to y'' proprietoi-s of sd Division. — And 
whereas it has been Credibly Reported y? sd Sonmans 
is a Bankrupt & has absconded fi'om his Creditors in 
England & is Generally Esteemed a pei-son of no repu- 
tation, nor known to have any Certain abode. 

And whereas your petitioners are further Informed 
y^ y'' sd pubUck Records &? and Carried out of sd Eas- 
tern Division but where or how disposed of Cannot as 
yet learn so y* neither youi* petitioners nor many othei-s 
concerned knowes not whei*e nor to whom to have 
re(toui"se as occasion offers. 



220 LORD cornbury's administration. [170T 

And whereas y* sd Records &? are y* Chiefe Evi- 
dences of not only your petitioners but most if not all 
y^ freeholders Estates within sd division. 

Your Petioners therefore humbly prayes y ^ you y* sd 
Hon^i*' Representatives of sd province will be pleased to 
take a matter of so great Importance under your Con- 
sideration & be pleased to take such measures as your 
prudence shall direct y* y® sd pubUck Records &? may 
be taken out of y* custodie of sd Sonmans & Commit- 
ted to some person of a visible Estate & good Reputa- 
tion within sd Eastern division where they may be 
safely keept y all concerned may have ready access 
thereunto, and as in duty boxmd Your petitioners 
shall ever pray &^ 

Sam'* Dennes. 

Sam" Hale. 

John Blomfield. 

his 

Ephraim m Andrews 

marke. 

John Pike. 



The> Answer of the West Jersey Proprietors to certain 

questions of Lord Comhury, 

(As Printed in Smith'g Hist, of N. J., page :»5.J 

The answer delivered to the Grovemors three 
questions, Delivered to him by the Council 
of Proprietors. 

Whereas our governor the lord Combury, was 
pleased at our attending on him in council, the thir- 
teenth day of this instant May, to require answei-s to 
three questions, viz. who was the council of propri- 



170?] LORD cornbury's administratiox. 221 

etors the last yeai-; and who are chosen for this year 
1707, and to have the names of thera? the second is, 
what are the powers the said council pretend to have? 
the third, by whom constituted? 

And in obedience thereto, we being part of the 
trustees or agents conmionly called the council of 
proprietors, are wiUing to give all the satisfaction we 
are able, in humble answer to his lordships requirings, 
viz. 

First, the persons chosen for the last year to serve 
the proprietors as agents or trustees, were William 
Biddle, Samuel Jenings, Gteorge Deacon, John Wills, 
and Chiistopher Wetherill, for the county of Burling- 
ton; and John Reading, Francis Collings, John Kay 
and WiUiam Hall, of Salem, for the county of Glouces- 
ter, and below; and for this present year 1707, Wil- 
liam Biddle, Samuel Jenings, Lewis Morris, Greorge 
Deacon, John Wills, John Kay, John Reading, Thomas 
Gardiner and William Hall of Salem. 

2. In the year 1H77, the first ship that came here 
from England, which brought the first inhabitants 
that came to settle in these remote parts, by virtue of 
Byllinge's right, before she sail'd the proprietors being 
met together at London, thought it advisable to settle 
some certain method how the purchasei's of land from 
Byllinge, &c. should have their just rights laid forth 
to them, concluded on a number of persons, viz. 
Joseph Helmsly, William Emly, John Penfoixi, Ben- 
jamin Scx)tt, Daniel Wills, Thomas Olive and Robert 
Stacy, as should be called commissioners, and they 
were fii*st impowered to pui'chase what land thoy 
<*()uld from the Indians, and then to inspect all rights, 
as any lands were cLainied, and when satisfied therein, 
to order the laying it out accordingly; which connnis- 
sionei's when an-ived here, did forthwith make several 
purchases of land, and acted as aforesaid, for some 
time, till some of them being not longer able to 



222 LORD cornbury's administration. [1707 

struggle with such hunger, and many other great 
hardships as were then met withal, retum'd again for 
England; so for preventing confusion among the 
people, the assembly took the trouble of it on them; 
this continued in practice till about the year 1687; then 
the assembly having much other business, and not 
being able to spend their time and money abroad, 
would not longer be troubled with that business, as 
was wholly belonging to the proprietoi-s, and so threw 
it out of the house, and told the proprietors they 
might choose a convenient number of persons of them- 
selves, to transact their own business: Accordingly 
the 14th day of February, the same year, the proprie- 
tors met at BurUngton, and then and there chose and 
elected eleven persons of themselves, to act for the 
whole, for the next ensuing year ; but then finding 
that so many and at such distances being hard to be 
got together, they next year chose but nine, and ac- 
cordingly signed instruments for the confirming that 
constitution, of which his lordship has a copy; and 
the same methods have been every year since practised 
to this present year 1707; and in all this time no in 
conveniencies hath arisen from it, but on the contrary, 
much ease and advantage to the proprietors; as by a 
further declaration of many other of the proprietors 
under their hands, is ready to be proved. 

Now as to the powers of these as are now and have 
all along been, they are the same with the first that 
came over from England in the year 1677; that is to 
say, to purchase land of the Indians, with the consent 
and advice of the said proprietors as chose them, and 
to inspect the rights of every man as shall claim any 
land, so that the same may be sui-veyed to him or 
them : and for the more easy and speedy settling of 
the province, commissioners have been appointed in 
each coimty, to inspect all rights as aforesaid ; the said 
agents, trustees or council, also to choose a i-ecorder, a 



1707] LORD cornbury's administration. 223 

surveyor general and mngers in each county, to range 
for the benefit of the said general proprietors, and to 
appoint persons to prevent the wasting and destroying 
of the proprietors timber, upon their unsurveyed 
lands, &c. 

The proprietors residing in England have had a 
knowledge of a committee of the agents or trustees 
of the proprietors here, who were to act and negotiate 
their affairs by their agents, from time to time, acting 
in conjunction with them, as Adlord Bond, John 
Tatham, agents to doctor Coxe; and when Jeremiah 
Bass was agent, he acted with them also; after him, 
when our late governor Hamilton was made agent, he 
acted as one of the said agents, trustees or council for 
several years, and was president of the same; and 
now Lewis Morris, as agent to the society, is one of 
the said trustees or council; and not only the agents of 
the agents of the proprietors at home, but any propri- 
etor now hath, and have had Uberty, to come and 
meet with the said agents, trustees or council, when 
he or they pleased. 

Lastly, as to the constitution of the said agents, 
trustees or committee; and by whom constituted; it is 
on certain days in the county of Burlington and 
Gloucester, yearly and every year, they are chosen by 
the proprietoi's: The above is as good an account as 
we that are pi'esent are able to give, in answer to 
what was required of us by his lordship, and pi-ay it 
may find acceptance as such ; but if any further thing 
may seem needful to be answered, we humbly pmy it 
may for this time be suspended, till the whole can be 
got together. 

May 30^ iToT.J 



224 LORD CORNBURY'S ADMINISTRA.TION. [1707 



Letter from Lord Combury to the Lords of Trade, 
relating to affairs of New Jersey. 

[From P. R. O. B. T. New Jersey, VoL 1, C. 17.] 

Letter from the Lord Combury Gk)vemour of 
New Jersey; Dated the 7^ June 1707. 
received from MT Sloper 27 Janu 170j 

New York June the 7**" 1707 
My Lords 

In my letter of the IS'*" of 9"^'^ last, I did acquaint 
your Lordshipps, that the Assembly of New Jersey 
which was to have met at Amboy on the 24*^ of 8**", 
did not sit by reason of the Speakers indisposition, and 
the Absence of severall of the Members who did not 
think fit to attend their Duty, and that I had adiom^ned 
the Assembly to meet at BurUngton the 12'*' day of 
March 170?, and that after that I had resolved to dis- 
solve that Assembly, which I did, and Issued Writts 
for the chusing a New Assembly according to the 
directions contained in her Majesty's Additional! In- 
struction, they were to meet on the 25'** day of March 
at BurUngton, but all the Members did not get together 
tin the 5'*" of April on which day I directed them to 
chuse a Speaker, whom they presented to me on the 
7*'' of April, their choice fell upon Samuell Jennings a 
Quaker who had been a Member of the Councill, and 
but the last fall had desired to be dismissed fi-om the 
Councill for the reasons I then acquainted your Lord- 
shipps with, but now it appeared very plainly that the 
true reason why he desired to be dismissed from the 
Councill was, that he might be chosen into the Assem- 
bly, where he knew he could oppose the Queens sei'vice 
more effectually, then he could doe in the Coiuicill. I 



1707] LORD CORNBrKY's ADMIN ISTRATIOX. 225 

was once of opinion that I ought not to admit a Man 
to be Speaker of the Assembly who had refused to 
serve the Queen in the Station her Maiesty had been 
pleased to put him, but having communicated my 
thoughts to some of the Council!, and perticulaiiy to 
Collonell Quary, they told me they did not like the 
Man, but they were of opinion that if I did reiect him, 
the House would make use of that as a handle to refuse 
the doing anything, that therefore they could wish I 
would allow their choice, that they might have noe 
excuse, upon this I did allow the choice they had made 
of Jennings to be Speaker, and in my Speech I ac- 
quainted them what I thought necessary to be done, a 
copy of which I here send inclosed for your Lordshipps 
perusall, the Assembly met and instead of proceeding 
upon the matters I had proposed to them, or upon any 
other thing that might have been of use to the Coun- 
tiy, they set up a Committee of Grieuances, and spent 
a whole month in finding out Grieuances which noe 
])ody in the Province had hoard of before, what those 
were your Lordshipps will perceive by the enclosed 
paper, which is a time copy of the Remonstranct* they 
delivered to me, and the answer I made to it and which 
I did not deliver to tliem till I had imparted it to the 
Gentlemen of the Councill who all approved of it 
except' M' Deacon who is a Quaker, and now T beg 
leave to digresse a httle t(^ acquaint you with the 
behaviour of M' Lewis Morris, your Loixlshipps were 
pleased to command me to restore M' Morris to hLs 
place in the Councill upon his submission, in answc^r 
to which I did acquaint you that as soon as M' Monns 
should doe the one, I would immediately doe the* other, 
but he has been so fai- from making the least submis- 
sion, that he has never come near rrie since I received 
your Lordshipps commands, but among his friends ho 
has bragged that he could take his ])lace in the Coun- 
cill when he pleased, but that he did not valine that, 
15 



226 LORD cornbury's administration. [1707 

and indeed since it appears what his intent was, for he 
has got himself chosen of the Assembly, and Morris 
and tlie Quaker Samuel Jennings are the two men that 
have hindi'ed the Assembly from setUng a Eeuenue, or 
from doing anything else this last Sessions, M' Morris 
is the Man that drew the Remonstrance, he is the Man 
that moved the seuerall heads in the house, and caused 
all the resolutions of the House to be entred in the 
Journalls Nemine Contradicente when some Members 
were absent and others who were present dissented, as 
severall of them have told me. In the beginning of 
the Assembly when they agreed to find out Grievances 
to amuse the Ignorant people, and squander away the 
time, the House resolved itself into a Committee of the 
whole House to seek after Grievances, or rather to 
receive the heads of Imaginary Grievances the produce 
of M' Morrisses peevish brain, the first step they made 
was to order their Clerk to withdraw, he told them he 
could not doe it without a breach of his oath, that he 
was an Officer appointed by the Government, and 
under an oath to attend the service of the House at all 
times, M^ Morris told him that he was the servant of 
the House, and that the House might doe what they 
pleased with their servants, he told M' Morris he was 
a sei^vant of the Queen, as well as to the House, and 
that the ordering him to withdraw looked as if he had 
something to say that he was not wiUing the Gouv- 
emor should know, upon this they would not suffer 
the Clerk to take the Minutes, but appointed one of 
their own Members to Act as Clerk, hearing of this, I 
sent for the Clerk and told them in a short speech how 
Irregularly they had proceeded, and admsed them to 
take into consideration those things I had recom- 
mended to them, in a few days after they addressed to 
me for another Clerk complaining against M' Ander- 
son, who was then their Clerk for the answer he had 
given M' Moms, which they pretended was given to 



1707] LORD cornbury's administration. 227 

the House, M' Anderson was made Clerk to the As- 
sembly upon the Recommendation of severall of the 
Councill and severall of the Members of the first 
Assembly even some of those who now are soe angry 
with him, he is an honest sober Man and a good 
Christian, has behaved himself with unspotted fidelity 
and unwearied diUigence and Care in his place, never- 
theless because I would leave those Gentlemen without 
any excuse for their not dispatching the matters before 
them, I did remove M' Anderson, and I put in one M' 
Pinhorn son to one of the Gentlemen of the Councill, 
and one against whom they can have noe objection 
that I know of, nevertheless they would not suffer him 
to serve as Clerk to the Committee of the whole house, 
but made one of their own Members Act as Clerk, 
which can be for noe other reason but because they 
would not have me know what they were doing, they 
proceeded in the same inamier they had done before, 
and thinking they had found out something to accuse 
me of, they sent for severall pei^ons in Custody of 
their Sergent at Arms and examined them upon oath, 
hoping to prove that a certain Sum of money, was 
raised piiuately, and given to me to procure the disso- 
lution of the first Assembly, but when the witnesses 
had said what thej could, they found it would not 
answer their expectation, then M' Moms who was 
Chairman of the Committee of the whole House, 
tendi'ed an Oath to Captain John Bowne one of the 
Members, Captam Bowne told him, he had noe Power 
to Administer an Oath to him, and therefore he would 
not take it, upon this, the House expelled (yaptiiin 
Bowne, and then went on in making such Votes as 
they thought fit, out of which they framed their 
Remonstrance, to which I made an answer, to which 
I beg leave to refeiT your Loixlshipps. 

Now I have acquainted you with what the Assembly 
of New Jersey have done, I must beg your Lordshipps 



2'^8 IX)RD CORNBURY'S ADMIXI8TRATI0N. [1707 

soe faiT to stand my friends with the Queen, that I 
may have leave to take such measures to obtain satis- 
faction from those Gentlemen, for the extrauagant 
Iniui-y they have done me, as the law will allow, this 
I hope will not appear unreasonable, and thei-efore I 
take the hberty to ask your fauour in this matter. 

Upon this occasion I think myself obhged to observe 
some things to your Lordshipps, and perticularly with 
respect to the Assemblys in these Parts, the Queen is 
pleased to command those that have the Honour to 
seme her Majesty as Gouuemors of Provinces, to call 
and hold Generall Assemblys, the Gounernor in obedi- 
ence to those commands Issues Writts to call an 
Assembly, which meets at the time appointed, the 
Gouuemor after they have chosen a Speaker acquaints 
them what he thinks necessary or proper to be done 
that Sessions, the Assembly does not like some of the 
things proposed to them, (though perhaps they are 
proposed to them by the Queens immediate Command) 
they trifle away their time, severaU Members obtain 
leave to goe into the Country upon their Private 
affairs, the House by that means grows thinn, and 
then noe businesse can be done, soe the Gouuernor is 
forced to adjourn the Assembly to another time, when 
that time comes the Members being resolved not to doe 
what is required, the Maior part of the Members don't 
appear, soe there can be noe Assembly, noe support 
can be had for the Gouuemment, nor can any thing 
else be done for the good of the Country, this has been 
the Case more than once in the Province of New Jer- 
sey, and perticularly the last Fall when the Assembly 
was to have met at Amboy; it has been said by seveiall 
pei'sons that it is true the Gouuemor has a Negative 
Voice, and we can fit him as well, for if we don't meet 
he can have noe Assembly, and then nothing ran be 
done he can't force us to attend if we have noe mind 
to it, he can but dissolve the Assembly, and call an- 



1707] . Lord cornbury^r admin^istrattox. 'i29 

other, most of the same Men will be chosen again, and 
they will take the same course; and indeed I must say 
that will be the Case as long as the Quakers ai-e 
admitted to serve in the Assembly; I wish some 
method might be found to obUge the Membei-s when 
chosen to attend their Duty, it is noe small charge to 
me, and to the Gentlemen of the CounciU, to attend 
upon all occasions of the sitting of the Assembly, but 
that we are well contented with, but we can't help 
being concerned to find our endeauours defeated by a 
few obstinate fellows, who would never if they could 
help it be under any Gouuemment but their own; I 
hope your Lordshipps will be pleased to consider this 
matter, and fauour me with your commands in it; In 
Washington's Abridgement, 7^^ & 8*'' of King WilUam 
Cap: 34, i-elating to Quakei'S, in the 7*^ paragraph, it is 
said, Noe Quaker or reputed Quaker shall by virtue of 
this Act be quaUified to give Evidence in any Criminall 
Cause, to serve on any Jury, or bear Office or Place of 
Profit in the Gouuernment. for this reason I have not 
suffered any Quakers to have any Office in the Gouu- 
emment of New York, but in the Gouuemment of 
New Jei-sey the Queen was pleased to command me to 
admit such Quakers as were capable, into any Office, 
in obedience to which, I have put severall of them into 
implojnnents, but I have always found them obstinate, 
unwilling to be ruled, never forwarding, but still inter- 
rupting businesso; What Quakers would be had they 
the Power in their hands, and which they ai-e very 
fond of, appears uery plainly in the Province of Pen- 
siluania, where noe Man can tell what is his own, or 
how to get what is Justly his due; and now I am men- 
tioning Pensiluania give me leave to mention to your 
Lordshipps an ac:cident that hapned in those parts 
lately, when I was last at Burlington, I thought it a 
proper time to Visit the lower parts of the Province of 
New Jersey in Oi*der to the doing vvhei-eof I Ordered a 



230 LORD CORNBURY'S ADMIXI8TRATI0X. [1707 

Sloop to be got ready to carry me to Cape May which 
is about a hundred and fifty miles from BurUngton 
downe the River Delaware, ^nd is the extreamest part 
of the Province of New Jersey South waixJ, I proceeded 
on my Voyage as farr as six Miles below Salem, which 
is about eighty Miles below Burlington and there meet- 
ing with contrary winds, I put into Salem, where I 
stayed severall days Wind bound, it seems during the 
time I was at Salem, CoUonell Evans was beginning to 
erect a Fort at Newcastle, and had got an Act of As- 
sembly past in the lower Countys for the laying a duty 
of half a pound of powder a Tonn, upon all Vessells 
that should sail by Newcastle, and the intent of that 
Fort was to make them pay it, a Sloop belonging to 
some of the Chief Quakers of Philadelphia being laden, 
and ready to sail for Barbados, came downe the River, 
when she was within a Mile of Newcastle the Custome 
house Officer went off and went on board the sloop, 
demanded of the Master his Register, and his Clearing, 
which he readily produced, the Officer told him he 
must come to an Anchor, upon that one of the Owners 
told the Custome house Officer that the Wind being 
fair it would be a great pmudice to them to be stoped 
a whole tide, especially considering that Northerly 
winds are very seldom to be had in the spi-ing, the 
Officer told him if he would not come to an anchor he 
would carry away his Register which he had in his 
hand, upon that the Owner snatcht the Register out 
of the Officers hand, upon vrhich the Officer went into 
his boat and went on shore, the sloop continued her 
course, and when she came over against Newcastle, 
Collonell Evans ordered a Gun to be fired at her, which 
was done, a second Gun was fired which went over 
her, but the sloop made all the sail she could, in oixler 
to get down to Salem, Collonell Evans took his boat 
and pui'sued the sloop, and ordered the Custom house 
Officer to doe the same, which he did, but the wind 



1707] LORD CORNBURY^S ADMINISTRATION. 231 

blowing pretty fresh, the sloop out sailed them, and 
came to an anchor under the Stem of my sloop, the 
Owners hoping that would have protected them it 
being in another Gouuemment, but Collonell Evans 
went on board the sloop and after having given the 
Master a great deale of ill language and struck him, he 
forced him into his boat and sent him to Newcastle to 
Prison, in the mean time Collonell Evans had sent his 
Navall Officer to Salem where I was, (which is three 
Miles up a Creek) to complain to me of the Master, and 
to tell me that he was coming himself after him for 
the same purpose, I stayed something above an horn- 
expecting his coming, but seeing he did not come, by 
the complaint one of the Owners had made to me, I 
did believe he intended to carry away the sloop, which 
I was resolued not to suflfer, soe I ordered my boat to 
be got ready, and Collonell Ingoldsby oflfering to goe, 
I directed him to bring up the Master, and to order the 
Master of my Sloop, not to suflfer the other sloop to 
stirr, but if any body oflfered to weigh her anchor, to 
fire upon them, he went downe and found Collonell 
Evans on board the Philadelphia sloop, he told Collonell 
Evans that he had done very ill, and that he would doe 
very well to satisfie me if he could, upon that Collonell 
Evans came to Salem with Collonell Ingoldsby, as soon 
as he came into the house where he was he desired to 
speake with me in private, I took him into my Cham- 
ber, there he made gi-eat complaints of the Master of 
that sloop, I asked him where the Master was, he told 
me he had sent him to Newcastle, I asked him by what 
Authority he had seized a Man in my Gouuemment, 
he said it was upon the water I told him that was as 
bad, for that he had noe Commission from my Lord 
High Admii-all, and consequently had noe Power upon 
that River, I told him I would not give one woi'd of 
answer to his complaints till he produced the Master, 
and the Officer that had dai*ed to caiiy him away, he 



232 LORD corxbury's administration. [1707 

i 

told me he was sensible he had committed an Error, 
that he would immediately send for the Master, but 
begged I would not insist upon hauing the Officer, 
because he had done nothing but by his Order, he did 
send for the Master, who was brought to me in few 
houi*s, then I heard Collonell Evans, the Master, and 
the Owners, and I found upon hearing of them all, 
that the only complaint Collonell Evans had to make 
was their passing by Newcastle without paying the 
powder money, I thought that was not cause sufficient 
to stop the Master soe I dismissed him in Order to 
proceed on his Voyage which he did the next day; 
Afterwards I told Collonell Evans I thought it was 
very odd that the Assembly of Newcastle should pre- 
tend to taxe the Queen's Subiects for trading from one 
Province to another, and both under the Queen's im- 
mediat Qouuemment, and where the People of New- 
castle have nothing to doe, for if all Vessels must pay 
powder money, then sloops trading from New York to 
Burlington, and those trading from Cape May, and 
Salem, to Burlington, must pay though they have 
nothing to doe with Newcastle, I told him farther that 
if I heard he made any of our sloops pay, I would soon 
get some Guns downe to Elsingburgh point (wliich is 
a place where the Swedes had formerly a fort) and is 
below Newcastle, and would make every Vessell that 
went up the River or downe pay three times as much 
as he did, soe how he will treat our people I cant yet 
tell I ask your Lordshipps pardon for this long digres- 
sion, and return to New Jersey whei-e the Quakers 
who are in the Assembly, have declared they will never 
pass any Mihtia Act, they say they will have noe 
MiUtia, but that will not be in their power nor choice, 
though the people are refractory enough, and indeed 
we want a good Act regulating the MiUtia in all these 
pai-ts very much, but I despair of getting any such Bill 
passed in New Jei*sey as long as the Quakei's are 



1707] LORD CORNBURY^S ADMINISTRATION. 233 

allowed to serue in the Assembly; Your Lordshipps 
will perceive by the Remonstrance the Assembly 
thought fit to give me, that they say. It is notori- 
ously known that many considerable sums of money 
have been raised to procure the dissolution of the first 
Assembly, to get clear of the Proprietors Quit Rents, 
and to obtain such Ofl&cers as the contributoi-s should 
approve of. This House has great reason to beUeve 
the money soe gathei'ed was given to the Lord Com- 
buiy, and did induce him to dissolve the then Assem- 
bly &a; as for all the i^est of their Remonstrance I begg 
leaue to referr your Lordshipps to my answer, which 
I intreat you to believe is true in every part, and to 
the truth whereof, I will make oath whenever your 
Lordshipps shall require it, but the words abovemen- 
tioned seem of soe extraordinary a nature that I think 
myself obUged (besides what I have said on that 
subiect in my answer, ) to assure your Lordshipps that 
if any such sums of money have been raised, I am 
intirely a stranger both to the raising, and the disposal! 
of it, if I had been soe gi^eedy of money, I should have 
taken the 1 200£ that was offered me to perswade me 
to passe a certain long Bill the Assembly offered to me 
the first Sessions of the first Assembly, which offer I 
reiected with contempt; then for the Proprietors Quit 
Rents, it is soe fan- from what they say that euery 
Sessions I have recommended it to the Assembly to 
prepai'e a Bill or Bills to settle the Rights of the Pro- 
prietoi-s, which cei-tainly I should not have done, had I 
taken money to get cleai* of the Proprietors Quit Rents, 
as they call it, as for obtaining Officers, | ofl&ces? | as I 
know of noe contributoi-s, soe I am sure noe Man has 
made any application to me uix)n that subiect, and I 
doe assure your Lordshipps that I haue not put in one 
Person into the Commission of the Peace, nor Millitia 
in the Province of New Jei'sey, but such as have been 
lecomcnuled to me bv some one, or more of tlie Gen- 



234 LORD cornburt's administration. [1707 

tlemen of the Councill, or the Collonells of the Regi- 
ments, this being truth as most certainly it is, I hope 
their saying they have great reason to believe the 
money was given to me, will have no credit with your 
Lordshipps; I did intend to have sent the JoumaU of 
the House by this opportunity, but the Clerk could not 
get it ready in soe Uttle time; If I have been any thing 
harsh in my answer to the Assembly, I hope you will 
be pleased to consider the Provocation I had, which I 
believe is without parralel; I am informed the Gentle- 
men of the Coimcill are prepareing an Addresse to her 
Maiesty to inform the Queen of the State and condition 

of the Province of New Jersey. 

I am with great respect 

My Lords 

Your Lordshipps most 

faithfull humble servant 

CORNBURY 

L** of Trade &c. 



Letter from Colonel Robert Quary to the Lords of 
Trade, about New Jersey affairs. 

[From N. Y. Ool: Doc^te, Vol. V., p. 17.] 

To the Right Hon^^® the Lords Commissioners 
for Trade & Plantat"*' 

Right Hon'^ 

[Extract.] 
I have dayly expected to have heard that M^ Penn 
hath already siurendered up the Government [of 
Pennsylvania] to the Queen, or at least that it is done 
by some other persons for whenever the Government 
is in the Crown, all these ^confusions will be at an end, 



1707] LORD cornbury's administration. 235 

provided the Quakers are excluded from having the 
Administration of the Government in their hands, 
and now that this great truth may more plainly appear 
to your Lordships I beg leave to show of how pemi- 
tious a consequence the infectious humour, temper 
and evill principles of the Quakers are of, in relation 
to Government give me leave to mind your Lordships 
of that daring insolent Act past bj' the assembly of 
Pensylvania which directly stiiick at the Queens Prerog- 
ative by disowning her orders and Instructions, and 
passing an Act in opposition to it, this matter hath 
been laid before your Lordships with an address from 
her Majesty's good Subjects, who are members of the 
Church of England setting forth the very great inju- 
ries and hardships which they labour under by that 
Act, all which hath been fully considered by your 
Lordships, and as I am inform'd, the proper resolu- 
tions taken thereon and therefore will not take up 
more of your Loixlships time in making any further 
remarks or comments on it, but proceed to show the 
evill effects and consequences of the Quakers insolent 
opposition and affronting the Queens Authority, and 
this will appear to your Lordships by the severall 
steps taken by the same sect of People, the Quakers of 
her Majesty's Province of New Jersey, his Excellency 
my Lord Combuiy having issued out writts for caUing 
an Assembly the first step taken by Samuel Jennings 
the head of them, was his declaring that he would no 
longer serve the Queen as one of her Councill his pi-e- 
tence was, that he could not bear the charge of it, but 
the true i*eason was, that it was not in his power in 
that station to doe so much mischief to the Queens 
interests, as he might do in the Assembly into which 
he was sure to be chosen and in oixier to haveing him- 
self and othei's of his principals brought into the 
house of Burgesses, there was effectuall care taken to 
possess the whoU^ Country, that all their libtn-tys and 



236 LORD cornbuby's administration. [1707 

propertys lay at stake, & depended on their choice of 
the Assembly they had prepared a list as such as they 
thought fitt for that purpose and assured the people, 
that if they would choose of them that then there 
should be no money raised for the support of Govern- 
ment, nor any MiUtia Act past, this was to powerfuU 
a baite and produced the desired effect, those very men 
were chosen in the Western Division and the same 
methods taken by Cojlonel Morris and his faction in 
the Eastern Division but for the more eff ectuall carry- 
ing on this design the heads of the faction in both Di- 
sions agreed on a most scandalous Ubell, of which they 
got a vast nimiber printed, and took care to disperse 
them through the whole Province, perhaps there was 
never a more scandalous Ubell published, a copy of 
which with the severall steps taken by his Excellency 
to discover the authors & publishers, I must refer to 
my Lord who I presume sends it by this opportunity 
And now after all these indirect means used it is not 
strange, that they gamed their end on an Assembly 
for their purpose who att the day appointed mett, and 
then to show that they were resolved answer the end 
for which they were chosen, satt above a month, in 
all which time they did not make the least stepps 
towards the preparing any act for the support or de- 
fence of the Government, but their whole time was 
taken up in matters that did not concern them. The 
service of the Queen or that of the Country y*' partic- 
ulai-s I cannot refer to the Journal of the house since 
the greatest part of what they did was secreted not 
only from the Clerk of the Assembly, but from sever- 
all of their own members and whilst the house was 
busy in doing what was nothing to the purpose. M' 
Jennings & CoU: Morris with the assistance of two or 
three othei's was very hard at work hatching the most 
scandalous paper, that ever I saw in my hfe. I will 
not presume so far on your Lordships time as to make 



1T07J LOKi) cornbury's administration. '^37 

remarks on the severall parts of it since that will be 
done by all the Gentlemen of her Majesty's Council 
for that Province, who are the most propper Judges, 
and therefore will ref eiT to their address but cannot let 
it pass without asserting thus much concerning it, 
that it is false malitious unjust and most barbarously 
rude they have treated his Excellency most inhumanly 
without the least regard to his Character under the 
Queen nor have they so much as considered him as a 
Gentleman, but loaded him with scandalls, which they 
very well know are false and cannot be proved, but I 
think my Lord ought to be very easy under his bar- 
barous usage since they have not spared her most 
Sacred Majesty, but have charged her with injustice 
but there is still behind something of a more perni- 
cious consequence than all this which I think myself 
obliged, to lay before your Lordships; you have seen 
that the Government of Pensvlvania have thrown off 
all respect & regard for any of the Queens order or 
instructions, which appears to your Ijordships, by 
making an Act of Assembly directly opposite and con- 
trary to them were this evill confined to that Govern- 
ment; only, I should not give your Lordships any 
trouble about it, but the infection of this grand e\ill 
is spread over all the Queen's Governments, and that it 
hath taken deep rooting in that of the Jerseys will ap- 
pear to your Lordships, by my acquainting you that 
I was present in Councill when his Excellently having 
occasion to summon Coll: Moms Samuel Jennings & 
severall others of the heads of that faction his Lord- 
ship was pleased in order to the giving them satis- 
faction about some niattei's which they clamoured 
against, to produce lier Majesty's instructions to them, 
out of which he ordered some particulai* clauses to be 
read, thinking (as I suppose) that they would be con- 
cluded by them, but it had quite a contraiy effect for 
Collonel Morris at the mouth of them all told his 



238 LORD cornbury's administration. [1707 

Lordship that the Queens order & instructions did not 
concern or effect them, nor should it conclude them 
any further than they were warranted by law, this 
bold assertion occasioned some debate, but after all 
they were firm in this their pernicious principles, and 
now your Lordships may plainly see what these men 
do aim at, and what the consequence must quickly be, 
if not prevented, for having thrown oflf all respect and 
obedience to the Queens oi-ders and instructions; by 
what must they be Govei-^ied for the Laws of England 
they will not allow of but when it suits their interests, 
or to sei^ve a turn; when it is contrary to their wild 
notions then it shall not oblige them unless the Queen 
will allow them to send representatives to sitt in the 
ParUament of Gi'eat Brittain, so that there is but one 
way more to Govern those men, which must be by laws 
of their own making but in this they are safe enough 
since they resolve to make no laws, but such as shall 
lessen and im power [impair?] the Queens prerogative 
and Authority and suit with there own humours if 
her Majestys Govemours will not consent to such 
laws, then they will give no money to support either 
Govemour or Government but all shall sink, this is 
the gam which they now resolve to play in Pensyl- 
vania. New Jersey and New York the first of these 
had not given the last tax, but as a bribe to have 
the Act pass'd for aflfronting and destroying the 
Queens oixiers, the Assembly of the Jersey resolve 
to give no money unless they can be freed from 
a Militia, and have an Act to iiiin half the people 
of the Province, and should they gain all this, yet 
they will not give enough to support the Govern- 
ment, and that itself shall be under such circumstances 
and limitations as to answer no end; the Revenue of 
New York expires very quickly in May 1709, & they 
resolve never to renew it, this is the discourse in every 
mans mouth, but some of the most considering men 



1707] LORD cornbury's administration. 239 

will say, that perhaps they will give money for the 
support of Government but it shall be only from year 
to year, and disposed of as they thmk fit, so that the 
Grovemoi' and all the ofl&cei's of the Grovemment shall 
depend on them for bi'ead, and then fai'ewell to the 
Queens interest, thus I have laid before your Loi'dships 
the plain and true state of these Provinces, which do 
require your serious considerations and a speedy 
eflfectuall remedy, were your Lordships on the spot, 
to hear and observe it would alarm you, I am sure it 
gives me many uneasy thoughts, I will not presume 
to propose the remedy of these gi-eat and gix)wing 
evills, without yom* Lordships leave and direction, but 
I am sure something ought to be done and that quickly 
I do most humbly begg yoiu- Lordships pardon for the 
freedome I take, since it proceeds from a most hearty 
zeal for the Queens Service, I am now hastening to 
visit all the Northern Governments from whence I 
shall find subject matter enough to give your Lord- 
ships the trouble of another letter from which I hope 
your Lordships will excuse and pardon 

R* Hon^' ' Yom- Lordships most 

faithful & obed' Servant 

Rob'^ Quart 
Philadelphia June 28, 1707. 



Address of the Governor and Council of New Jersey 
to the> Queen, cony rat nintinc/ her on the success of 
Her Majesty^ s Arms. 

iFrom P. H. <>. B. T. New Jersey, Vol. 1. C. 20.) 

A Congratulatory Address from the Lord Corn- 
bury, LieU: Grovenior and Council of New 
Jersey to Her Majesty on the Success of 



(^ 



240 LORD cornbury's administration. [1707 

« 

Her Maj^^ Armies in 1706, referred to in 
the Lord Cornbury's Letter of the 20^^ of 
July 1707.' 

To THE Queen's Most Excellent Majesty 

The Humble Address of the Oovet^or, Lieutenant Oov- 
emor and Covncil of her Majestys Province of 
Nova Cesarea or Neiv Jersey in America, 

Wee your Majestys most Dutiful! and Loyall Sub- 
jects the Governor Lieutenant Governor and Councill 
of this Your Majestys Province of Nova Cesarea or 
New Jersey Hauing with great Joy received from one 
of your Majestys Principal Secretarys of state the 
happy news of the glorious successes of your Majestys 
Arms in conjunction with those of your Allies against 
the common Ennemy & espetially of that memorable 
Victory obtained at the Battle of Rara'elies under the 
Command and by the extraordinary courage and con- 
duct of his Grace the Prince & Duke of Marlborough 
Humbly beg leave to throw our selves at your Majestys 
Royall feet to Congratulate those gi*eat and happy 
Successes which are intirely owing under God to your 
Majestys extraordinary Zeale for redeeming Einope 
from Tirany & opression the rescuing the true Relig- 
ion from the Invasions of Antichrist & procuring for 
your People a lasting & durable peace & wee earnestly 
intreat your Maiesty to believe that as we shall never 
be wanting faithfully to discharge our dutys to the 
best of our Skils & understandings in the seuerall Sta- 
tions in which your Majesty has been graciously pleased 
to place us Soe our prayei-s to Almighty God that the 
success of your Majestys Arms may increase dayly 



> The letter refers prindiMdly to the senriceB of Captain Davis in attacking a 
French Privateer off the coast. It is printed at leni^h in New York Colonial Docu- 
ments, Vol. v., p. 20.— Ed. 



1707] LOBD COBNBUBSr^S ADMIKI8TBATI0N. 241 

shall never be wanting That your Majesty may enjoy 

A long life & happy Eeigne in this world & at last 

though veiy late receive the Crown of eternal bliss & 

immoi-tality are & constantly shall be the earnest and 

fervent prayera of Your Majestys most dutiful & Loy- 

aU Subjects. 

cornbury 

Rich: Ingoldesby 

George Descom [Deacon] W^ Pinhorne 

Daniel Leeds W^* Sandford 

Tho: Revell Robt?" Quary. 

Ric. TowNLEY. Dan: Coxe. 

Roger Mompesson. 



The Lords of Trade to the Earl of Sunderlatid, with 
a draft of an Instruction relative to the attend- 
ance of the Members of the several Councils. 

fFrom P. R. O. B. T. PlaDtationH Cieneral, No. 38. Entry Book D. p. 147. i 

To the R? Hon''?*^ the E! of Sunderland. 

My Lord 

In obedience to Her Majesty's Order in Council of 
the 4**" of August Last, directing Us to prepare the 
Draught of an Instruction to Her Majesty's several 
Governors in America, Requiring them to oblige the 
Counselloi's in their Respeetive Govern!- to a due at- 
tendance in Council. We have pi*epared the same, and 
herewith Transmit them to Your Lord'' for Her Maj- 
esty's Royal Signature Accordingly. 
We Are 
My Loi'd, Your Lord?. Most humble sei'vants. 
Whitehal Stamford. 

OctobF the 23d^ 1 707. Herbert. 

Ph: Meadows. 
Jn? Pulteney. 
16 



f^ 



242 LORD cornbury's administration. [1707 



Circular Letter. 

Trusty and Welbeloved We greet you well. 
Whereas, We are sensible that Effectual Care ought to 
be taken to oblige the Members of Our Council, to a 
due attendance therein, in Order to prevent the many 
Inconveniences that may happen from the want of a 
Quonun of the Council to transact business as Occasion 
may Require. It is Our will and Pleasure, that if 
any of the Members of our said Council shal hereafter 
wilfully absent themselves when duly summon'd, with- 
out a Just and Lawf ull Cause, and shal persist therein 
after admonition, you suspend the said Counsellors so 
absenting themselves till Our further Pleasure be 
known, giving Us timely Notice thereof: And We 
hereby Will & Require you That this Our Royal 
Pleasure be signified to the several Members of Our 

Council in And that it be Entred in the 

Council Books of Our said ... as a Standing Rule. So 

We bid You f arewel. Given at our Court at the 

.... Day of in the sixth Year of our Reign. 

By Her Majesty's Command. 



Address of the Assembly of New Jersey to Lord Com- 
bury, replying to his ansirer to their Remon- 
strance. 

[As printed in Smith's Hist, of N. J., p. 818. | 

May it please your excellency &c 

We, the representatives of her majesty's province 
of New Jersey, finding her majesty's subjects greatly, ^ 
and as we are very well satisfied with good reason, 
aggrieved; thought we could not answer the trust re- 



1707] LORD cornbury's administration. 243 

posed in us by our country, should we not endeavour 
to get those hardships removed under which they la- 
bour. 

It was needless to hunt after imaginary grievances, 
real ones in too great niunbers presenting themselves; 
and though from you we had miss'd of obtaining 
that relief that the justice of our complaints intituled 
us to; yet we do not despair of being heard by her 
sacred' majesty, at whose royal feet we shall in the 
humblest manner lay an account of our sufferings; 
and however contemptible we are, or are endeavour- 
ed to be made appear, we are persuaded her majesty 
will consider us as the representatives of the province 
of New-Jersey, who must better know, what are the 
grievances of the country they represent, than a gov- 
ernor can do, who regularly ought to receive informa- 
tions of that kind from them ; and we do not doubt 
that glorious queen will make her subjects here as 
easy and happy as she can. 

When we told your excellency, we had reason to 
think some of our sufferings were very much owing 
to your excellency's long absence from this province, 
which rendered it very difficult to apply to your lord- 
ship in some cases that might need a present help, 
we spoke truth; and notwithstanding all your excel- 
lency has said of a months or twelve weeks in a year, 
and the weekly going of a post; we cannot hv jier- 
swaded to believe, that nine months and ujjwards in 
a year, is not a long absence, (\si)ecially when the s=i(*al 
of the province is carried and kept out of the goveini- 
ment all that time; and the honourable colonel In- 
goldsby, the lieutenant governor, so far from doing 
right, that he declined doing any act of government 
at all; whether he governs himself by your excel- 
lency's directions or not, we cannot tell; but sure we 
are, that this province being as it were without gov- 
ernment for above nine months in a year, we must 



244 LORD cornbury's administration. [1707 

still think it a great grievance, and not made less so 
by carrying the seal of the province to New-York, 
and laying her majesty's subjects under a necessity of 
applying from the remotest part of this province, for 
three parts of the year and better, to your excellency 
at fort Ann, in New- York, from which place most of 
the commissions and patents granted duiing your 
excellency's absence, are dated, (by what authority 
we shall not enquire) notwithstanding a lieutenant 
governor resides in the province, and is by her maj- 
esty's commission impowered to execute the queen's 
letters patents, and the powei-s therein contained, 
during yor excellency's absence from this province of 
New- Jersey; without which powers given and duly 
executed, a lieutenant governor is useless and an un- 
necessary charge; and we cannot think, that her 
sacred majesty, who honom'ed that gentleman with 
so great a mai*k of her royal favour, as giving him a 
commission for lieutenant governor of New-Jersey, 
did at the same time inhibit him from executing the 
powers therein exprest. 

Things are sometimes best illustrated by their con- 
traries; and perhaps the most effectual way to con- 
vince the world, that this complaint is frivolous and 
imtrue, as by your excellency alledged, would be, for 
your excellency to bring the seal of the province of 
New- York to Burlington, keep it there, and do all 
the acts of government relating to the province of 
New- York, at Bm-hngton, in New-Jei-sey, for ^bove 
three foiui;hs of a year, and let the lieutenant gover- 
nor i-eside at New- York during that time, without 
doing any act of government, adjom^ntheu^asserabhes 
on the very day, or day before they are to meet, that 
they may not lose the advantage of travelling to 
New York, from the I'emotest part of that provmce, 
and at a time when it cannot be done without the 
utmost prejudice to their affairs; it's hardly probable 



1707] LORD corxbury's administration. 246 

they would be pleased under such an administration, 
notwithstanding the ease of informing your excel- 
lency every week by post of any emergency that 
might happen. 

We are apt to believe, upon the credit of your ex- 
cellency's assertion, that there may be a number of 
people in this province who will never be faithful to, 
or live quietly under any government, nor suffer their 
neighboui-s to enjoy any peace, quiet nor happiness, 
if they can help it; such people are pests in all gov- 
ernments, have ever been so in this, and we know of 
none who can lay a fairer claim to these characters 
than many of your excellency's favorites. 

What malice and revenge were in the prosecution 
of the condemned persons, we don't know; we never 
heard of any till now, and can hardly be persuaded 
to believe it's possible there should be in both the 
instances. 

It is not impossible, there might be malice in the 
prosecution of the woman who was condemned for 
poisoning her husband; there not being (as is said) 
plain proof of the fact, but it was proved she had 
attempted it before more than once; and there were 
so many other concumng circumstances as did induce 
the jury, who were of the neighbourhood (and well 
knew her chai*acter) to find her guilty, and it is hai'd- 
ly probable their so doing was an act of maUce. 

The woman who murdered her own child, did it in 
such a manner, and so publickly, that it is unreason- 
able to suppose there could be any malice in the pro- 
scKOition of her, and wo cannot think (notwithstand- 
ing your excellency's assertions) that you can or may 
believe tlien* was. This woman was a prisoner in 
the sheriff- s custody for breach of the peace, and 
going about some of the houshold aff ail's the sheriff 
employed her in, wikh a knife in her hand, her child 
who was something froward, followed her crying; 



246 LORD cornbury's administration. [1707 

upon which the mother turned back to it and cut it's 
throat; but not having cut it deep enough, the child 
still f ollowc d her all bloody and, crying, ! mother 
you have hurt me; the mother turned back a second 
time, and cut it eflfectually, and then took it up and 
carried it to the sheriflf or his wife, at whose feet she 
laid it: How far such a wretch is intitled to the queen's 
favour, her majesty can best tell, when she is made 
acquainted with" the fact; but sure we are, she never 
gave your excellency the power of pardoning wilful 
murder: Whether your excellency has or has not re- 
prieved them, you best know, and are only accounta- 
ble to her majesty for your procedures therein; tho' 
we have too much reason to believe, the favourable 
opinion your excellency has so publickly expressed of 
her, has been a great reason to induce her to make 
her escape, which she has done. — We thought it our 
duty, humbly to represent that matter to you excel- 
lency's consideration, and had reason to be apprehen- 
sive of the judgments of almighty God, whose infi- 
nite mercy has hitherto suspended the execution of 
his justice, notwithstanding that great provocations 
have been given him, by impiety, prophaneness and 
debauchery, under the mask of a pretended zeal for 
his glory, and love for his church: It is not om* busi- 
ness to enter into rehgious controvei'sies ; we leave 
them to divines, who ought best to understand things 
of that nature, and who may perhaps inform us what 
is meant by denying the very essence of the saviour 
of the world. 

' We cannot yet be persuaded, that an innocent per- 
son should pay fees; what the practice in England 
is, we did never enquire, but believe, that pei-sons 
acquitted by a grand jury, do not pay those extrava- 
gant fees they are made to pay here ; we did not 
govern ourselves by the practice there, but the unrea- 
sonableness of the thing ; and your excellency does 



17071 LORD cornbury's administration. 247 

grant, that what we say is in some measure to be 
allowed, were the juries in this country such as they 
ought to be; we hope they are, and our experience 
has not convinced us, that persons who under pre- 
tence of conscience refuse an oath, have yet no regard 
for the oaths they take, as your excellency says. The 
temptations to resentment prove often too powerful, 
and irresistably engage us in unbecoming heats, and 
when the characters of men are written with pens 
too deeply dipt in gall, it only evinces a want of tem- 
per in the writer. Our juries here are not so learned 
or rich as perhaps they are in England; but we doubt 
not full as honest. We thought the only office for 
probate of wills was at Burlington; but your excel- 
lency has convinced us, that it is wherever your 
excellency is, and consequently may be at York, 
Albany, the east end of Long-Island, or in Con- 
necticut, or New-England, or any place more remote 
should your excellency's business or inclination call 
you there; which is so far from making it less a 
grievance, that it rather makes it more so; and not- 
withstanding those soft, cool, and considerate terms 
of malicious, scandalous and frivolous, with which 
yom* excellency vouchsafes to treat the assembly of 
this province; they are of opinion, that no judicious 
or impartial men, will think it reasonable, that the 
inhabitants of one province should go into another 
to have their wills proved, and take letters of admin- 
istration at Foi-t Ann, from the governor of New- 
York, for what should regularly be done by the 
governor of New -Jersey in Jei'sey, to which placH? 
all the acts of governmimt relating to New-Jersey, 
are limited by the queen's lettei-s patents imder the 
great seal of England: and when your excellency is 
absent from New-Jersev, to be executed by the lieu- 
tenant governor ; and by the said letters patents not 
the least colour of authority is given to your excel- 



248 LORD OORXBURY's ADMINISTRATION. [1707 

lency, to do any act of government relating to New- 
Jei^sey, any where but in Jersey; nor is there any 
instruction (that we know of) contradicting the said 
letters patents any where upon record in this prov- 
ince, to waiTant youi* excellency's conduct in that 
affair : If this be not cause, and just cause of com- 
plamt, we do not know what is; we are inclined to 
beUeve, the province of New- York would think it so, 
were they to come to Amboy or BurUngton, to prove 
wills, &c. 

We do not think, that what we desire, is an inva- 
sion of the queen's right ; but what her majesty, 
without infringment of her prerogative royal, may 
assent to; and their late majesties of blessed memory, 
did by their governor colonel Fletcher, assent to an 
act made in New- York, in the year 1692, entitled, 
^An act for the supervising intestates estates^ and 
regulating the probate of wills^ and granting letters 
of administration f by which the court of common 
pleas in the remote counties of that province, were 
impowered to take the examination of witnesses to 
any will within their respective counties, and certify 
the same to the secretary's office; and the judges of 
the several courts in those remote counties, impowered 
to grant probates of any will, or letters of administra- 
tion, to any person or persons, where the estate did 
not exceed £. 50; what has been done there may with 
as much reason be done here, without sacrificing the 
queen's prerogative royal to the humours or caprices 
of any person or persons whatsoever. 

It is the general assembly of the province of New- 
Jersey, that complains, and not the quakers, with 
whose persons (considered as quakers) or meetings we 
have nothing to do, nor are we concerned in what 
your excellency says against them; they perhaps, 
will think themselves obliged to vindicate their meet 
ings from the assertions which your excellency so 



1707] ix)RD cobnbury's administration. 249 

liberally bestows upon them, and evince to the world 
how void of rashness and inconsideration your excel- 
lency's expressions are, and how becoming it is for 
the governor of a province to enter the lists of con- 
troversy, with a people who thought themselves 
entitled to his protection of them in the enjoyment of 
their reUgious hberties; those of them who are mem- 
bers of this house, have begged leave in behalf of 
themselves and their friends, to tell the governor, 
they must answer him in the words of Nehemiah to 
Sanballat, contained in the 8th verse of the 6th 
chapter of Nehemiah, viz. There is no such thing 
done as thou say est, but thou feignest them out of 
thine own heart. 

We are so well assured the fact is true, that the 
secretary's office is kept at Burlington only, that we 
still are of opinion it is a grievance, for the reasons we 
have assigned; the proprietors records has not any 
thing to do with the secretary's office, but is an office 
wholly belonging to the proprietors, and altogether at 
their disposal; and is not a secretary's office kept at 
Amboy, either as far as the nature of the thing re- 
quires or can admit of, or any way at all. 

And as the assembhes and courts sit alternately at 
Amboy and Burhngton, so it is highly reasonable the 
secretary's office should be kept alternately also at both 
these places, or by deputy in one of them, and may be 
very well done without making two seci-etaries. 

Both this and the rest of our complaints, ai-e not 
with design to amuse the people, but are just and 
reasonable; and we beUeve, will by the people be 
thought to be grievances till they are redressed; who 
can no more think it I'easonable, that all the inhabit- 
ants of the eastern division should come to the office 
at Burlington, than that all the western division should 
go to Amboy. 

We are still of opinion, the gi'ant we complain of is 



250 LORD cornbury's administration. [1707 

against the statute we mentioned, because it is exclu- 
sive of others, and to the prejudice of the publick. It 
can never be thought reasonable to prohibit any body 
to cart their own goods, or any body's else, as by virtue 
of that grant has been done; and not only in the road 
from Amboy to BurUngton, but in the road from 
Shrewsbury ; and a patent may as well be granted to 
keep horses to hire, by which a man may be hindred 
to ride his own: It is destructive to the common rights 
of men, and a great grievance, and we had reason to 
endeavour to get it redressed. 

It's true, a certain convenience for transpoi'tation of 
goods, is no doubt of great use, and the profit that 
accrues by such undertakings, is the motive that in- 
duces any persons to be at the charge of them, and 
providing fit carriages for that end, and of ascertain- 
ing the times and prices of carrying; and the more 
providers of such carriages, the more certain and 
cheap the transportation, and freest from imposition; 
and consequently the fewer carriages, the less certain 
and dearer, and the persons under a necessity of using 
them more subject to be imposed upon by the carrier; 
now whether granting by which others are excluded, 
waving the unlawfulness of it, be a means to increase 
the number of the undei'takei's in that kind, or to 
lessen them, and confine those who have any occasion 
to transport goods, to give such price as he that has 
the patent thinks fit to impose, we leave to all men 
of comtnon sense to judge; and if experience may be 
admitted to determine that matter, it is plain that 
transpoi-tation of goods, both by land and water, is 
dearer than it was before the granting of that patent : 
It's tine, the certainty was not so great as now; for 
now we are certain that a man cannot with his own 
carts caiTy his own goods, but that if he does they 
will be seized; and if that be one of the conveniences 
which the wise people in Euro|>e think of absolute 



1707] LORD cornbuby's administbation. 251 

necessity, we shall think it no irony to be called wiser, 
in differing from them, and caUing them monopohes 
as they are, and prejudicial to tirade, and especially 
that between York and Aniboy, BurUngton and 
Philadelphia; which did not owe it's beginning to 
your excellency's patent, but was begun long before 
your excellency had any thing'to do with New-Jersey, 
and in all probabihty had much more encreased were 
it not for that patent; and we believe whenever the 
gentlemen of the law will give your excellency their 
true opinion of it, you will not be long in doubt 
whether 'tis a monopoly or not: We thought it a 
monopoly, as we do still, and a grievance, as is also 
both that and other grants made by your excellency at 
fort Ann in New- York, for any tiling in Jersey. 

Your excellency has neither by birth nor acquisi- 
tion, a right to the sovereignty of New-Jei'sey; nor 
have you any power of governing the queen's subjects 
here, but what her majesty is pleased to gi-ant you by 
her letters patents, under the gi*eat of England; by 
which letters patents the powers therein contained, are 
limited to that country, which was formerly gi-anted 
by king Charles the second, under the name of Nova 
Caesaria or New-Jersey, and which has since been sub- 
divided by the proprietors, and called East New- Jei-sey, 
and West New- Jersey, and which her majesty is pleased 
to reunite under one entire government, viz: "' The 
divisions of East and West New-Jei-sey, in America; 
and in case of your excellency's death, or absence from 
that country, which was suMivided by the proprie- 
tors, and called East New-Jei-sey and West New Jer- 
sey, the powers of government are lodged in other 
hands." Now either foit Ann and the citv of New- 
York, is in that country granted by king Charles the 
second, and sub-divided by the proprietoi^s thereof, and 
called East New- Jersey and West New-Jei'sey ; or your 
excellency is ahsent from New Jei*sey, when you are 



252 LORD CORXBUBY'S ADMIXI8TBATION. [1707 

at fort Ann in New- York; that fort Ann is in New- 
Jersey, we believe, that even your excellency will 
think impracticable to persuade us to do so much vio- 
lence to our reason as to believe; therefore your excel- 
lency when at fort Ann, or any where in New- York, is 
absent from New- Jersey; and what the consequence is 
we need not say, thinking the pretence of a power to 
do acts of government relating to New-Jersey, at fort 
Ann, in New- York, to be so manifestly absurd, as to 
need nothing further to be said against it. 

There is nothing more common in the statutes than 
the establishing fees, and we are of opinion that all 
fees have been estabUshed by act of parliament; and 
indeed it seems to us unreasonable they should be 
eptabhshed by any other authority; for if a governor, 
either with or without his council , can appoint what 
sums of money shall be paid for fees, he may make 
them large enough to defray the charge of govern- 
ment, without the formahty of an act of assembly, to 
raise a revenue for the necessary support of the same; 
and if it does not come up to the taxing of the queen's 
subjects, without their consents in assembly, we are 
to seek what does. 

We cannot think the clause of yom- excellency's 
instructions, which we have recited, to be so foreign 
to the matter of fees, as yom- excellency says it is; 
for the enforcing the payment of fees by any authority 
but that of the assembly's, is taking away a man's 
goods otherwise than by established or known laws, 
except the act of a governor and council be a law, 
which we think is not, nor never intended by the 
queen it should; nor do we think, by the instructions 
your excellency mentions, you are to establish fees; 
but only to regulate those already appointed, and to 
take care that no exaction was used; but if it did, 
your excellency has convinced the world, that you do 
not think yourself bound by the queen's instructions, 
but where the law binds also. 



1707] LORD cornbuey's administration. 253 

As in the case of Ormston, where nothing could be 
more positive than her majesty's directions; yet your 
excellency did not think yourself ministerial, or by 
not complying with her majesty's orders, that you 
accused the best of queens, with commanding her 
governor to do a thing which was not warranted by 
law; nor never enquired, whether the refusing obedi- 
ence to her commands, was a fit return for the many 
favours she had bestowed upon you; but govem'd 
yourself in that singular instance as near as you could 
by the law. The seventh clause was not put in to 
arraign the queen's express commands to your excel- 
lency: but to complain of the great hardships her 
majesty's subjects lay under, by your excellency's 
putting the records there mentioned, into the hands of 
Peter Sonmans, who is not the proprietor's recorder, 
nor had no express command from the queen to put 
the books into his hands; and may in part answer the 
challenge made by your excellency in the last part of 
the next foregoing clause; for your excellency had 
commanded the said records to be put into the hands 
of Mr. Bass, the queen's secretary; upon which, appli- 
cation was made to her majesty, who was pleased to 
give an order in favour of the proprietors; and with- 
out all peradventure, it was intended they should be in 
the hands of the proprietor's recorder, which Mr. 
Thomas Gordon was at that time, and regularly is 
still, being constituted by the majority of the proprie- 
tors in the eastern division, and by your excellency 
sworn; mi\ John Barclay was also by youi* excellency 
sworn, and a proclamation issued in his favour; since 
which Mr. Peter Sonmans arrived from England, and 
upon apphcation to your excellency, was by your 
excellency, admitted receiver genei-al of the quit rents, 
and the proprietors records by your excellency put into 
his hands; which, with submission, we think could not 
be done regularly by your excellency: For in the fii'st 



264 LOBD OORNBUBY'8 ADltlNISTBATION. [1707 

place, they were constituted by the majority of the 
proprietors, whose servants they were, and to whom 
they were accomitable, and to none else. 

2. These places were the properties of Mr Thomas 
Gordon and Mr. John Barclay; and to deprive them of 
them, without due course of law, is what your excel- 
lency has no authority to do, nor can have. 

3. Whether they were made by the greater or lesser 
part of the proprietors, your excellency was no ways 
concerned, nor had any right of determining in the 
favour of either one or other, the law being open to 
any who thought themselves aggrieved. 

4. Those books and records were the properties of 
the general proprietors; and if your excellency can 
dispossess any proprietor of them (for Thomas Gordon 
was a proprietor) and put them into the hands of 
another, you may by the same rule dispossess any 
one of their goods, and give them to who you think 
fit, and any proprietor of their property, and give it to 
which of the proprietor you think fit, as is actually 
done by your excellency in the case of Sonmans; and 
was attempted with the same violence in favour of Mr. 
Bass: It will not be a sufficient answer to this, to say, 
Sonmans was proprietor's agent; which whether he 
was or was not, your excellency had no right to deter- 
mine to any other purpose but administering an oath 
to him, after which he was of course to be allowed; 
and so ought as many as many agents as the proprie- 
tors made, who were not accountable to your excel- 
lency for any procedures in the proprietoi-s affairs, that 
were not unlawful. 

5. Sonmans neither had, nor pretended to have, at 
that time (whatever he has done since) any right or 
colour of right, to be the proprietors recorder, not any 
mention being made of it in that very lame commis- 
sion he had; and were he to have the top of his pre- 
tences, it would but to be deputy to a pereon in 



1707] LORD cornbury's administratiox. 255 

England; and whether he has a right or not, is a great 
question, and regularly only determinable at the 
common law; but your excellency's shorter method of 
procedure saves disputes of that kind: If this be acting 
according to established and known laws, not repug- 
nant to, but as agreeable as may be, to the laws of 
England; if this be administering those laws for the 
preservation and protection of the people, we would be 
very gladly informed, what perverting of them can be; 
as to the matter of fact, we aver it to be truth, that 
Mr. Sonmans did not reside in the pix)vince, had not 
given security for the keeping of those records, as by 
the queen is positively directed, they were carried out 
of the Eastern division, and were produced at the 
supreme court at Burlington at the time of our com- 
plaint. 

Those things, and that gentleman's character, are so 
well known, that it is needless to offer any thing else 
in justification of that reasonable request we made, 
that they might be so kept as her majesty's subjects 
might have recourse to them, and in the hands of such 
of whose fidelity there is no reason to doubt. 

These, may it please your excellency, were the 
grievances we complained of; and they were but a 
small number of many we could with equal justice 
remonstrate; and which, notwithstanding those soft, 
cool, and considerate terms of false, scandalous, and 
malicious, and othor bitter invectives which your 
excellency so often uses to the representative body of 
a country ; we ai'e still of opinion, they are not imagi- 
nary, but real grievances, not false, but God knows too 
true; and which it was our duty, in discharge of the 
truth reposed in us, to get redress'd. 

Our sad experience has convinced us, that our 
endeavoui-s have not met with a success answerable to 
what might reasonably be our expectations, and that 
instead of redi'essing the gidevances of the countiy, 



266 LOBD cornbuby's admikistbation. [1707 

their number is encreased: Before we enumerated 
those grievances of an higher nature, and attended 
with worse consequences, we first said, the treatment 
the people of New-Jersey had received, was very 
different from what they had reason to expect under 
the government of a queen deservedly famous for her 
just, equal and mild administration; that the hard- 
ships they endured, were not owing to her majesty, 
who they were well assured, would by no means, make 
any of her subjects miserable, nor continue their mis- 
fortunes were she acquainted with them, and in her 
power to give them reUef ; but that the oppressions 
they groaned under, were the imkind effects of mis- 
taken power; and what these effects were, and who 
the cause of them, we proceeded to shew; and if the 
instances we there give, be true, it will then appear to 
the world, that the expressions we have used, are the 
softest could be chosen, and very far short of what the 
nature of the thing could bear, and that these bold 
accusers are a sort of creatures called honest men, just 
to the truth i-eposed in them by the country, who will 
not suffer their liberties and properties to be torn from 
them by any man, how great soever, if they can 
hinder it. 

And that the reasonableness of our complaints may 
appear the plainer, we shall consider what your excel- 
lency has said in answer, and leave it to our superiors, 
and to all just and impartial men, whether we are not 
a people the most abused of any of her majesty's sub- 
jects. 

As to the first instance, yom- excellency does 
acknowledge the fact to be true, and offers the follow- 
ing reasons to justify your conduct to the council of 
proprietors: The first is, that by her majesty's direc- 
tions you are to allow of all such agents as the general 
proprietors shall appoint, such agents quaUf ying them- 
selves by taking such oaths as the queen is pleased to 



1707] LORD cornburt's administration. 257 

direct, and no other; that no persons under the name 
of a council of proprietors, have ever tendered them- 
selves to take such oaths; consequently they are not 
capable of acting as agents. 

2. That the council of proprietors are a people pre- 
tending to act by a power derived from certain persons 
who have no power to grant, and that this is a truth, 
viz. that they are a people pretending to act by a 
power derived from certain persons, who had no power 
to grant, your excellency is satisfied; besides other 
reasons, by this in particular, that the assembly have 
voted to put the records into the hands of Peter Son- 
mans, to be a grievance; whereas their not qualifying 
themselves is a greater grievance. To set this matter 
in a true Ught, it will not be improper to produce the 
words of the instructions; which are as follows: ^' You 
are to permit the surveyors and other persons appointed 
by the 'f orementioned general proprietors of the soil of 
that province, for surveying and recording the surveys 
of lands granted by and held of them, to execute 
accordingly their respective trusts: And you are like- 
wise to permit, and if need be, to aid and assist such 
other agent or agents, as shall be appointed by the said 
proprietors for that end, to collect and receive the quit 
rents, which are or shaU be due unto them, from the 
particular possessor of any tracts or parcel of land from 
time to time; provided always, that such surveyors, 
agents, or other officei's appointed by the said general 
proprietors, do not only take proper oaths for the due 
execution and performance of their respective offices 
and employments, and give good and sufficient security 
for their so doing; but that they likewise take the oaths 
appointed by act of parhament to be taken instead of 
the oaths of allegiance and supremacy; as also the 
test, and subscribe the 'f orementioned association; all 
which you are accoixiingly to require of them, and not 
otherwise to admit any person into any such office or 
17 



258 LORD CORXBrKV's ADMIXISTRATIOX. [IWt 

employment. " After the proprietors had surrendered 
their power of government, relating to their soil, they 
were under a necessity of employing persons, to survey 
and record the surveys of lands granted by and held of 
them; and in the Eastern division, several quit rent« 
being due to them, there was a necessity of having 
one or more agents to collect and receive those rents; 
which pei'sons (because the /crown intended, that the 
proprietors by the surrender of their government, 
should by no means be insecure in their properties) 
your excellency was directed not only to permit such 
officers to be and execute their respective trusts, but 
also to aid and assist them, if need were; and because 
both offices were places of trust, both with respect to 
the proprietors and the inhabitants, it was directed, 
that they should take proper oaths, and give good and 
sufficient security; and that they who enjoyed those 
places' of trust, might be persons well affected to the 
present government, there was especial care taken, to 
direct, that they should take the oaths appointed by 
act of parliament to be taken, which your excellency 
was to require of them, and not otherwise to achnit 
them to execute those trusts: From all which we 
observe, first, that no agents are concerned in that 
instTiiction, but such as were to survey and record the 
surveys of lands, and collect the quit-rents. 

2. Tliat the proprietors were not limited to employ 
a certain number of agents, but might employ as many 
as they thought fit; all which your excellency was to 
aid and assist if need were. 

3. Your excellency was not to expect while they 
tendered themselves to take the oaths appointed, but 
to requii'e them to take them; and upon their refusal 
not to admit them; for it was impossible they, or any 
else, should deem themselves bound by the queen's 
instructions to cei'tain performances, except such 
instructions had been made pubUck, and they made 
acquainted with it. 



1707] LORD cornbury's administration. 251) 

Now in the first place, your excellency never pub- 
lished any such instruction, nor ever did requii^e those 
agents called the council of proprietor to comply with 
it by taking any oaths. 

2. The council of proprietors are not such agents as 
the instructions mention. 

3. Were that instruction binding, yom- excellency 
has by no means complyed with it; for the surveyor 
appointed by the proprietors of the western division, 
has several times tendered himself to take and sub 
scribe according to her majesty's directions, and has 
been refused. 

4. Mr. Sonmans, tho' a bankrupt, and his powers 
disputed, admitted to keep the records of the eastern 
division, and that without any security; and persons 
who were sworn to those places, and employed by pro 
prietoi-s, and a greater number, not only not i^ennitted 
to act, but deprived of their places (with which your 
lordship had nothing to do) without a due course of 
law, forceably by your lordship's directions. 

Lastly, the council of proprietors are attornies to 
private men, for the taking care of their several prop- 
erties, and are neither concerned in that instruction, 
nor bound by it; if they were, we shall not dispute 
how far that instruction may be a law to your lord- 
ship, but we are sure 'tis so to no body else, but where 
the laws of the land bind without it; and if so, 'tis no 
sufficient warrant to destroy any man's property, or 
deprive him of the use of it, without the judgment of 
his peers; for your lordship cannot but know, if you 
do not, the last clause of the petition of right will tell 
you, that the queen's servants are to sei've her accord- 
ing to law, and not otherwise; and eveiy gentleman of 
the law can inform your excellency, if he pleased, that 
the queen's authority or warrant produced (if you had 
done any such thing) cannot justify the commission of 
an unlawful act; which this certainly must be, except 



260 LORD CORXBURY's ADMIXI8TRATI0X. [1707 

the law provides that no man must make an attorney 
but with your Lordship's approbation: As to the 
second reason, to use your excellency's expressions, if 
we could wonder at any thing your excellency has 
done, it would be at the reason your excellency gives, 
as much as at the action; it being a plain pretending 
to a right of judging solely who have a right to their 
estates, and who not, and according to that judgment 
to permit them to retain or force them to part with 
their possessions; for in the first place, that matter 
was never brought before yom* lordship, and what 
information you hadl[if you had any) was private; and 
we are told no freeman can be dispossessed of his free- 
hold but by judgment of his peers, or the law of the 
land; but here is at once a determination, that a num- 
ber of proprietors, nigh or above nine tenths of the 
whole, have no right to grant, and accordingly they 
are prohibited taking up or disposing of their lands; 
for the council of proprietors, are all proprietors them- 
selves, except mr. Morris, their president; and we 
can't see, but any freeman, or number of freeman in 
the province, may be dispossessed by the same 
measures; for 'tis but your lordships saying, the per- 
sons they had their lands from, had no right to grant, 
and then order the possessors to make no fiui;her 
improvements, nor to dispose of any of theii- lands; 
and thus conclude them without the tedious formahty 
of the old magna charta way : and who is hardy enough 
to dispute with a man that commands two provinces? 
2. What your excellency asserts, with relation to 
the council of proprietors, viz. that they were persons 
deriving a power from those who had no right to 
grant, is what your excellency neither did, nor could 
know; that you did not know it, nothing is more plain; 
because your excellency some days after your lordship's 
answer to our remonstrance, summoned some of the 
council of proprietors befoi'e yourself in council, and 



1707] LORD cornbury's administration. 261 

there asked them the foUowmg questions, viz. First, 
who the late council of proprietor^ were? Secondly, 
who were the present council of proprietors? Thirdly, 
who they derived their powers from ? Fourthly, what 
their powers were? By which it appears, your excel- 
lency neither knew who the council of proprietors 
were, what their powers were, nor who they derived 
them from; which is very far from knowing whether 
the persons who gave them those powers, had power 
to grant or not; because the deeds of what proprietors 
are in this country, you never did see; and those that 
are in England, you could not see. 

How your excellency is, from our voting the putting 
the records into mr. Sonmans hands to be a giievance, 
satisfied that the persons from whom the council of pi*o- 
prietoi's derive their power, have no power to gi'ant; is 
very much beyond our poor capacities to understand, 
and may perhaps be of the number of those unanswer 
able objections your lordship tells us of in your answer. 
To the next clause your loMship justifies your proceed- 
ings with the assemblymen, as being your duty; and 
that what you did, was by virtue of the queen's 
instructions; how far they will justify yom* excel- 
lency's conduct is our next business to speak to; but in 
the first place we are obliged to yom- excellency, for 
acknowledging the matter of fact; which tho' notori- 
ously known, was omitted to be entered in the journals 
of this house, by your excellency's faithful sei'vant, 
mr. William Anderson, late clerk of this house. 

By the queen's instiiictions, not the least colour of 
authority is given to your excellency, to be a judge of 
the qualifications of assemblymen, so as to admit or 
reject them; which is not only a direct conti*a diction 
to the veiy nature and being of assemblies, but irmst 
render the liberties, lives and properties of the pe^ople 
entirely at yom* excellency's disposal; which as her 
majesty never intended, so without doubt she nevei* 



202 LORD CORNBURY's ADMINISTRATION. [1707 

did intend by any instruction to make so precarious; 
and how well she'll be pleased at wresting her instruc- 
tions to authorize what we are well satisfied she will 
be very far from countenancing, time may infonii us: 
This house could not be so much wanting to them- 
selves, and the province they represent, as to omit 
taking notice of a procedure, which tends to destroy 
the very being of assemblies, by rendering them the 
tools of a governor's arbitrary pleasure, and the 
enemies instead of the preservers of -the Uberties of 
their country; and we are well assured, that nothing 
your excellency has said, will perswade the world to 
believe, that your excellency or any other governor, 
has that power you pretend to, or that it can be con- 
sistent with the liberties of a free people. 

That there were considerable sums of money raised; 
that most of them were raised with intent and purpose 
to give to your lordship, to procure the dissolution of 
the last assembly, and procure such officers as the con- 
tributors should approve of; that in all probabiUty the 
money so raised, was given to your lordship; that the 
assembly was dissolved; that the contributors were 
complied with as far as could be; that you did receive 
from doctor John Johnston, two hundred pounds, upon 
the score of the proprietors of the eastern division of 
New- Jersey; are such notorious truths, that it is a 
vanity tb deny them; and will be beheved, notwithstand- 
ing all the force of evasive arts to pei-swade to the con- 
traiy: And since we have mentioned doctor Johnston, 
it's not amiss to enquire, whether the sei-vices you 
were to do the proprietoi's were such as your lordship 
ought, or ought not to have done; if they were such 
as you ought to have done, you ought not to have 
taken money for the doing of them ; if they were such 
as you ought not to have done, much less ought your 
lordship to have taken money ; and had you not been 
more than ordinarily concerned in those private cou- 



1707] LORD cobnbury's administration. '^63 

tributions, without all peradventure would have used 
all possible endeavours to have detected the thing, and 
not given those publick marks of your favour to the 
persons most concerned in the persuading and procur- 
ing of them. 

As to what relates to the assembly, as your lordship 
is not accountable to this house for what reasons you 
dissolved them, neither is this house to your lordship 
for their proceedings; they acted as became a house of 
representatives in the affair of Mr. Gordon, and what 
they did, was not without your lordship's approbation; 
if that could add any thing to the power they had: As 
to your excellency's reflections on private men, 'tis 
below the I'epi'esentative body of a pi^ovince to take 
any further notice of them, than to do that justice to 
the two worthy members of this house, as to say, they 
both have, and deserve better characters than your 
excellency gives them ; and that the humblest appUca- 
tion you can make to her majesty will never induce 
her to gi'ant you a power to use any means to procure 
a satisfaction but what the laws allow of, without such 
apphcation: We concluded, by acquainting your 
excellency, that the way to engage the affections of a 
I)eople, was to let them be unmolested in the quiet 
enjoyment of those things which belong to them of 
right, and should have dated om* happiness from your 
excellency's complying with so reasonable and just a 
desire; to which your excellency replied, that you 
could never answer taking advice from men, who did 
not know how to govern themselves, and who have 
always opposed the service of the queen, and interest 
and good of their country: We shall wave the 
admirable coolness of temper, and considerateness of 
the I'eflection; and say, your excellency could hardly 
have used plainer terms, to tell us, you will not let us 
be quiet in the enioymeut of what belongs to us of 
right; and your excellency's proceedings since that, has 



2r)4. , LORD corxbury's administration. [1707 

effectually convinced the world, that we have not put 
a wrong construction on your excellency's expressions. 

Are not her majesty's loyal subjects haul'd to goals, 
and there he without being admitted to bail? and tho^ 
that are the conditions of their recognizances are, that 
if your excellency approves not of their being bailed, 
they shall return to their prisons; several of her majes- 
ty's good subjects forced to abscond, and leave their 
habitations, being threatned with imprisonment, and 
no hopes of receiving the benefit of the law; when 
your excellency's absolute will is the sole measiu^ of 
it: One minister of the church of England, dragg'd 
by a sheriff from BurUngton to Amboy, and there 
kept in custody, without assigning any reason for it, 
and at last haul'd by force into a boat by your excel- 
lency, and transported Uke a malefactor, into another 
government, and there kept in a garrison a prisoner; 
and no reason assigned for these violent procedures, 
but your excellency's pleasure: Another minister of 
the church of England, laid under a necessity of leav- 
ing the province, from the reasonable apprehensions of 
meeting with the same treatment; no ordei-s of men 
either sacred or civil, secure in their hves, their Uber- 
ties or estates; and where these procedures will end, 
God only knows. 

If these, and what we have named before, be acts 
of mercy, gentleness and good-nature; if this be doing 
for the good, welfare and prosperity of the people of 
this province; if this be the administring laws for the 
protection and preservation of her majesty's subjects; 
then have we been the most mistaken men in the 
world, and have had the falsest notion of things; call- 
ing that cruelty, oppression and injustice, which are 
their direr^t opposites, and those things slavery, impris- 
onment and liardships, which are freedom, hberty and 
ease^ and must henceforth take France, Denmark, the 
Muscovian, Ottoman and Eastern empires, to be the 
best models of a gentle and happy government. 



j.707] LORD cornbury's administration. 265 

Your excellency at last endeavours to persuade the 
country, that the assembly, instead of protecting are 
invading the liberties of the people; and if we might 
have the Uberty of using some of your excellency's 
cool and considerate terms, perhaps the following 
instances might justify those expressions; but we leave 
that to just and impartial men, who no doubt will 
apply them where they are most due. 

Your excellency asserts in the first place, '*You 
have presumed to take the queen's subjects into the 
custody of the serjeant at arms, who are not members 
of your house; which you can't lawfully do, and is 
a notorious violation of the Uberties of the people." 
Answer: There is nothing more known, than that the 
contrary to what your excellency says is true, and 
hardly a session of parUament but affords multitudes 
of instances, nay, several instances can be produced 
during the time of your excellency's being in the house 
of commons; and what your excellency means by 
asserting a thing, which every body that knows any 
thing, knows is not so, we can't tell. 

Secondly, '' You have taken upon you to administer 
an oath to one of yom- members, and have expell'd 
him from the house for refusing to take an oath which 
you could not legally administer to him; this is most 
certainly robbing that member of liis property, and a 
most notorious assuming to yourselves a negative 
voice to the freeholders election of their representa- 
tives, for which there can be no precedent found.'' 
Answer: We never did administer an oath, (tho' we 
think we have powei* so to do) what oaths were 
administered were administered by justices of the 
peace l)efore us: We expell'd that member for several 
contempts; for which we are not accoim table to your 
excellency, nor no body else in this province: We 
might lawfully exi)el him; and if we had so thought 
fit, might have I'endred him incapable of ever sitting 



266 LORD CORNBURY's ADMINI8TRATI0X. [1707 

in this house; and of this many precedents may be 
produced. We are the freeholders representatives; 
and how it's possible we should assume a negative 
voice at the election of ourselves, is what wants a Uttle 
explanation to make it intelligible. 

Thirdly, '^ You have arbitrarily taken upon you to 
command the high-sheriflf of this county, to discharge 
a prisoner who was in his custody at the suit of one of 
the queen's subjects; and he has been weak enough to 
do it, for which he hes hable to be sued for an escape, 
whenever the gentleman thinks fit to do it, and from 
which you can't protect him; this is a notorious viola- 
tion of the right of the subject, and a manifest inter- 
ruption of justice." Answer: The person we ordered 
to be discharged, was an evidence attending by order 
of the house, and under the protection of this house; 
who were only wanting to themselves, in not sending 
the high-sheriff and lawyers to the same place, for 
daring to offer so publick an affront to the representa- 
tive body of a country. 

Fourthly, ''You have taken upon you to appoint 
one of your membei*s to act as clerk of the committee 
of the whole house, which you have no power to do, 
&c. " Answer: Your excellency has been so veiy much 
mistaken in all the foregoing clauses, that we have 
great reason to believe you are so in this: This house 
has always, till of late, made their own clerks, and 
your excellency cannot shew us any law why we may 
not do it still, should we think fit to insist on it: We 
have made no encroachments on her majesty's pre- 
rogative royal, nor never intended to do it, but shall to 
our utmost, study to preserve, and honourably support 
her government over us, and hope your excellency will 
think it for the service of the queen to comply with 
our reasonably desires; which will very much encour- 
age us so to do. 

Divers of the members of this assembly being of the 



1707] LORD cobnbury's administration. 267 

people called Quakers, do assent to the matter and 
substance, but make some exception to the stile. 

By oixier of the house, 

Sam. Jenings, speaker. 
P. M. Die Veneris. 24 Octobris, 1707. 
[The foregoing was tendered to the Governor through 
a Committee, on the 29th October, when he refused to 
receive it, and it was then ordered to be entered on the 
Journal of the Assembly.] 



Letter from Lord Comhury, to the Lords of Trade ^ 

on the affairs of New Jersey 

LFrom P. R. O. B. T. New Jersey, Vol. 1, C. 80.] 

Letter from the Lord Combury to the Board. 

New York O^*" the 27 1707 

My I^rds 

By ray Letter of the 14V' of 8^ ' last I gave your Loixl- 
ships an Account of my Voyage to Albany, from 
whence I returned to this place on the 12*^ the next day 
after, severall of the Membere of the Assembly, and 
some of the Gentlemen of the Councill came to towne, 
but there was not a sufficient number to make a House 
till the 28', at which time I sent for them, and ac- 
(juainted them what I thought was proper for them, 
to proceed upon at that time, withall telin them, that 
if any thing else occuird to their thoughts, fit to l)e 
j)r()vided for by a Law, they should always find me 
ready to receive? any thing that might be for the ser- 
vice of the Queen, and the good and welfai*e of the 
Country, and I carefully avoided taking any notice to 
them of their Irregularity's the Sessions before because 



268 LORD cornbury's administration. [1707 

I would not give them the least pretence to be ill 
humored, but it seems they were resolved upon that 
before hand, for M' Morris, and Samuell Jenings the 
Speaker had been very busy during the recesse, which 
was from May to 8^^ to perswade severall of the Mem 
bers of the House not to grant any Reuenue, what 
effect their Indeavours have had, your Lordshipps will 
perceiue by their votes of the 27'** of 8^'"', of which I 
herewith send you a Copy, I did intend to have sent 
your Lordshipps a Copy of their Journall, but the Clerk 
could not get them ready yet, but I shall certainly send 
it by the Mast fleet which is to sail from Boston about 
the middle of January. I dont know that they pretend 
to complain of any Grieuances, but those contained in 
a Remonstrance which they thought fit to give me at 
their first Sessions at Burlington, to which I made an 
Answer, both which I sent to your Lordshipps, and 
which I had communicated to the Gentlemen of her 
Maiestys Coimcill, who approved of it, before I gave it 
to the Assembly: when I put an End to the Sessions in 
May last, before I dismissed ihe Council!, I desired the 
Gentlemen to inquire in the severall Countys where 
they dwell, what grieuance (if any) the people com 
plained of, and to let me know them, that if In my 
power they might be redressed, at our meeting at Am- 
boy in 8''*"'. I asked them if they had inquired accord- 
ing to my desu-e, they told me they had, and that the 
only complaint they met with in the Country was, 
that some Laws were wanting which would be of Vse 
to the Country, that I have at the begining of every 
Sessions recommended to the Assembly the passing 
such Laws will appear by their own Jouniall, there- 
fore I hope I shall not be blamed for what is not in my 
power to remedy. Upon this occasion give me leave* 
to observe, that their refusing to settle a Reuenue upon 
her Maiesty, does not proceed from theWantof Re- 
dresse of Grieuances soe much as from their own ill 



1707] LORD cornbury's administration. 269 

natures, for it appears by their own Vote, that if all 
their Imaginary Grieuances were redressed, they would 
raise a Eeuenue but for one year, though I had by your 
Lordshipps commands demanded it for one and twenty 
yeai-s. It is very plain to me that as long as her Mai- 
esty is pleased to allow the Quakers to sit in the Assem- 
bly of that Prouince Noe Eeuenue will be setled, I can 
proue by severall good Witnesses that severall of the 
topping Quakers, and perticularly Samuell Jennings 
have frequently said that since the Queen would have 
the Gouemment, she might send a Gouemor when she 
pleased they would keep him poor enough, and indeed 
they will make their words good, for I have now made 
three Journeys into New Jersey since the Act which 
granted a Revenue for two years is expired, and those 
Journeys are generally pretty chargeable. Your Lord- 
shipps were pleased to dii-ect me not to intermeddle with 
the quallifications of the Members of the Assembly 
which Ordei-s I have punctually observed, but now I am 
obliged to acquaint yom- Lordshipps that imlesse some 
Method is prescribed, to inquire into the Qualifications of 
Members retm^ned to serve in Generall Assembly, the 
Queens Additionall Instruction to me will be of noe 
effect; because as this House is quallified the Ringleaders 
among them don't inquire if the other Members are 
quallified according to the Queens Instructions, but 
whether they will Join with them to refusing to give 
a Reuenue if soe, then iioe matter whether they are 
quallified according to the Queens Instructions or not, 
the Queens is pleased to dii-ect that noe pei-son shall be 
capable of being chosen, and afterwards of sitting as a 
Member of the Assembly of New Jersey, but such as 
have a thousand acres of land in their own right, or 
are worth five hundred i)ounds, now to my certain 
knowledge some have sat these two last Sessions's, 
who have noe land in New Jersey in their own right, 
and are not worth five hundred pounds, but because 



270 LORD CORNBURY*S ADMIXlSTRATIOK. [1707 

they were zealous in opposing the setling a Reuenue 
were very good Members, therefore I humbly conceive 
that it will be necessary, that some Method may be 
appointed to inquire into the Qualifications of Members 
to be returned to serue in Generall Assembly in the 
Prouinoe of New Jersey, but this and the Method for 
doing it I humbly submit to your Lordships better 
Judgments, there is one thing more which I beg yom- 
directions in, which is this, M' Byerley in this Province 
of New York, and M' Moore a Minister in the Prouince 
of New Jersey have lately set up a Notion, that if I 
send any order from New York into New Jersey, relat- 
ing to the Affairs of New Jersey it is of noe Force, and 
ought not to be obeyed, because it is given at New 
York, and soe the like of any Order given in New Jer- 
sey relating to New York. Now if it be her Maiesty's 
pleasure that it should be soe, I am well satisfied, but 
give me leave to say it will sometimes interupt busi- 
nesse, for if I am at Burlington, and the Gentlemen of 
the Councill of New York send to me for any Direc- 
tions upon any accident that may happen, I must return 
into the Prouince of New York (which is between fifty 
and sixty miles) to return an answer that may be of 
force on the other side if I am at Albany and the Lieu- 
tenant Gouernor sends to me upon any occasion in 
which he has a mind to have directions from me, I 
must come a hundred and fifty miles into New Jersey 
to give an Answer that may be of force, and indeed I 
can not see what Inconveniency can attend the giving 
Orders in one Prouince, and sending them into another, 
however I intreat I may have your Lordshipps direc- 
tions in this matter, that I may conform myself to 
them; I have adioumed the Assembly of New Jei-sey 
to the 2'^ day of April next, I will farther adjourn them, 
unlesse I have the happinesse to hear from your 
Lordshipps before that time. I have not received one 
letter from your Lordshipps now near twelve months. 



1707] LORD CORNBURY^S ADMINISTRATION. 271 

I could wish I had directions concerning the Union, 
which I hear is proclaimed in the West Indies, but I 
have noe Orders yet which makes me a little uneasy, 
for fear any Scotch Vessell should come in, as soon as 
I receive them, they shall be punctually obeyed by 

Just as I was going to scale up this letter a Gentle- 
men Just come from Connecticut informs me that 
Collonell Winthrope is dead, and that the people haue 
chosen M' Saltonstall who was Minister at New Lon- 
don, to be their Gouemor. 
My Lords 

Yoiu* Lordshipps most faithfull humble servant 

CORNBURY 



letter from Colonel Robert Qiiary to the Lords of 

Trade, 

IFrom N. Y. Col. Doct8., Vol. r>, p. 80.] 

To the Right Hon^^® the Lords Commissioners 

for Trade and Plantations 

R Hoii'i' [Extract.] 

I have often represented to your hon" the unhappy 
cu'cumstances of her Majesty's Provinces on North 
America, who ai-e rained in their Trade harass'd and 
destroyed by a handfull of people, for the French are 
not more than three thousand effective men in all the 
parts of Canada, and Port Royall, whereas the Queen 
hath more then Eighty thousand men in lier seveiuU 
Provinces, which ai-e able to eat up all the French, 
and yet this handfull of men w^*" ther conduct will in 
time if not pi-evented rain us all, I have represented 



272 LORD cornbury's administration. [1707 

the true state of this affair to your Lordships very 
fully in severall memorialls, to which I cannot add but 
am sure that if some effectual means be not used this 
Warr, to remove the French, it will be too late after- 
wards. 

I will not presume further on your Lordsh^* time by 
inlarging on this subject but with your honors leave 
return to the Governments of New Yorke, and New 
Jersey, neither of which places have taken the proper 
methods of raising a fimd for the support and defence 
of the Country the Assembly of New York, hath 
hitherto had some regard to the safety of their Fron- 
tiers and support of Government, but not so effectual! 
as to answer the end, p'haps they may better consider 
the state of affairs at their next meeting but as for 
the Assembly of New Jersey, I much fear they will 
not do anything either for the Queens service or the 
Country, in respect to its defence or support, especially 
so long as they are influenced by three or four men 
amongst them, they sate at Amboy in October last, 
but would do nothing, but past a vote that they would 
raise no money tiU their grievances were redrest and 
then but for one year, what their grievances are will 
appear to your Lordships by the inclosed remonstrance 
of theirs, to which his Excellency hath given an 
answer; Your Lordships will find that the Queens 
Instructions are part of their Grievances, I am very 
sure that it is impossible to satisfy or please the turbu- 
lent uneasy spirits of two or three men in that Assem- 
bly, who would sacrifice the happiness and quiet of 
the whole country to their private resentments, re- 
venge, and malice. I assure your Lordships y* I have 
no difference or the least prejudice to any of these 
but what I say is the opinion of almost all that know 
these men nay there are many that will give this 
Character of these men, who at the same time will 
warmly justify their proceedings in Assembly, by 



1707] LORD CORNBURY^S ADMINISTRATION. 278 

reason that they think they reap the benefit of it in 
not paying any money towards the support of Govern- 
ment or bemg under any regulation of a Militia, these 
are powerful motives for their choosing such men into 
the Assembly, As for M' Samuel Jennings and the 
rest of the Quakers, they are driving at the same 
game acted in Pennsylvania by their Fiiends there, 
who are resolved to allow no prerogative of the 
Crown nor any pow' in a Governour but will have all 
power lodg'd in themselves, as I have represented to 
your hon" in my former, and therefore since their 
piinciples and practices are such, I think they are in- 
consistent with Government, and not to be intrusted 
with it, I doe most humbly presume to mind yom* 
Lordships that this growing evil and mischief requires 
a speedy remedy else I fear will spread over the whole 
Continent so that in time if not prevented the Assem- 
blys of America will find work enough for your hon''' '' 
Board to reduce them to reason or keep them within 
the bounds of it, to dispute the Queens prerogative in 
her instructions of Government to refuse the raising 
such a revenue as may support her Government, to 
neglect the settling a Militia for the defence of the 
Queens Provinces, to libell, sUght and affront her 
Govemoui's, are such steps as ought to be taken notice 
of in time, for fear they should goe further, the due 
consideration of all which is most humbly submitted 
to your Lordships wisdom and Judgement by 

R^ Hon^'* 
Philadelphia Your Lordships most 

Jan. the 10. 1 7<>; faithful & obed' Sei-v* 

ROBKRT QUARY. 



18 



174 LORD CORNBURY^S ADMINISTRATION. [1708 



FMter from Lewis Morris' to the Secretayy of State, 
transmitting variotis documents explanatory of 
the difficulties in New Jersey. 

[From N. Y. CoL Doct'g, Vol. V, p. 88. 1 

Lewis Morris, Esq, to the Secretary of State. 

Right Hon'''' 

I was entrusted by the Assembly of New Jersie to 
transmit you a letter from the Speaker, a peticon from 
that house to the Queene; a remonstrance made to his 
Excellency my Lord Combury, and some affidavits 
taken before them. All which I sent by severall con- 
veyances and they allso come with this with an adi- 
tion of what has been done since, which is a reply 
made by that House to an answer of his Lordships to 
them. 

I did not transmit his Lordship's answer because I 
had no directions from the Assembly to do it, and 
because I did supose he would take that care, being 
what he vallued himselfe very much upon, but I 
beheve consideration has abated that good opinion he 
had of it when the transports of his passion were 
recent, and perhaps has been a means of hindring its 
coming to your hands, or of making those alterations 
without which he could not but know he would before 
so competent a judge, very much arraigne himselfe in 
his assertions about the powers of the House of Com- 
mons or (pardon the expression when 'tis used com- 
paratively) of the Generall Assembly of New Jersie. 
I therefore send it as he caused it to be printed, at New 
Yorke, and would advise that the severall Assemblyes 
of the Plantations be dii*ected from time to time to send 
coppies of their Journalls to one of her Majesties Prin- 



» For notice of Lewis Morris see Vol. II., p. 217.— Ed. 



1708] LORD CORXBURY^S ADMINISTRATION. 275 

cipall Secretaries of State, directly from themselves, 
and if some such method were taken with the severall 
Councills, I am very much deceived if the acco*' you 
receive were not much moi'e to be depended on y" now 
they are. How just my Lord has been in his repre- 
sentations of men and things he best can tell, but if 
from what has been seen of them here an estimate 
may be made of what has not, tinith, indeed a good 
judgment, is what is least to be expected in them, and 
a character whose veracity is not to be depended on, is 
not the fittest to command Provinces. Such pei'sons 
ought to be strangei-s to mean complyances, but when 
they prostitute their I'eputation and fall victims to an 
avaritious temper, stooping to sordid measures for 
gaine, become the miuxihandize of factions and price of 
the highest bidder, what are the ills not to be expected 
under such an administration, or rather what is the 
good to be hop't either to her Majestie or her subjects. 
But to leave this w'*' however true looks too much like 
resentments; to give some light to the papers before 
you, I shall give Your Hono' y'' state of that pit)vince 
when my Lord amv'd and what 'tis now. 

When he arrived there he found it divided into two 
parties, the one called Hamiltons and the other Basses 
partie; not to trouble your Hono' from whence they 
rose, Hamiltons partie, in that now called the Easteme 
division of New Jersie, formerly East New Jersey, 
consisted of the gentlemen of the best figure and for- 
tune and majority of the people. Basse being formerly 
an Anabaptist Minister, those of that religion, some 
Quakers, and a miselanious mob, where of his partie. 
In the Westeme Division y'' Quakers and by very much 
the greater part of the people, where of that called 
Hamiltons pai-tio. When my Loi-ds commission was 
publisht, it was the endeavours of lx)th these parties 
to be uppermost, that of Basses haveing, dureing the 
unsetled state of that Province, been guilty of severaD 



•278 LOKD coknbury's administration. [1708 

all the reason in y* world to beleive his Lordship had 
it. But the effect it has had, and the service or rather 
diservice it has done her Majestie I shall endeavour to 
show. My Lord proposed to this first Assembly, to 
I'aise a revenue for the suport of her Majesties govern- 
ment. I was then of her Majesties Councill, and I 
privately askt him what sume he thought would do. 
He told me fifteen himdred pound a yeare. I had 
some influence over the most leading men of that 
Assembly, to whom I proposed it; but all 1 could say 
did not prevaile with them to come up to that sum. 
One thousand a yeare, for three years they would give, 
and indeed its a wonder they ever came so farr at once; 
the greatest tax that had ever been mised being £675, 
and at that the people wei-e ready to run mad and 
would never pay it) that not pleasing, they were 
adjourned till a fiui;her time. In the interim this 
money I have been speaking of, was paid, and the 
contributors did openly boast of their assurance of 
having that Assembly dissolved. Whether the feai-s 
of y*" partie that was then uppennost of haveing that 
Assembly dissolved or what it was that wrought upon 
them I can't tell, but they thought it adviseable to 
come up to my Lords proposall of fifteene hundred 
pounds p' annum for three years. Whether they had 
past a vote or not, my memory wont serve me, but I 
think they past a vote for it, and no sooner was my 
Lord assured of that, but he dissolved them. It was 
now no longer a doubt he had been promist more, 
besides other prevailing arguments leady downe, and 
assurance they could carry the majority of the Assem- 
bly; but it was something surpriseing that any man in 
his right witts should part w*" a certaine 1500 a yeare, 
for an uncertainty and depend upon promises w"'* any 
man that could see an inch before his nose might be 
morally as not in their power to performe. 
A new Assembly was chosen, which demonstrated 



1708] LORD cornbuby's administration. 279 

the vanity of their promises and the folly of depending 
on them; however the best was to be made of a bad 
market, and the business was to be done per fas aut 
ne fas, and the way they took was as follows: — The 
majority of the Assembly consisting of those who 
were enemies to y* faction, who by bribery had pro- 
cured their dissolution and it being impossible to obtain 
the end the contributors had procured their dissolution 
and it being impossible to obtain the end the contribu- 
tors had promised without getting some of them out 
of the House, when therefore the Assembly came to 
be sworn (which is done before the Governour in 
Councill) Thomas Re veil and Dan" Leeds Esq" two of 
her Majesties Councill objected against three of the 
Membei-s chosen to serve, as being unqualUfled, upon 
which my Lord refused to sware them; by this means 
they got the majority by one. Some Uttle time after, 
y*" same gentlemen present to that faction of a house 
the following, which they called a Petition, '*We 
undei'written " & ' This fourteen dales they askt they 
thought to be time enough to accomplish their designs, 
but that not doeing, the hearing of them was defered 
from one time to another till they had done what they 
intended. At last the matter came to a hearing, but 
neither Revell nor Leeds ever as much as appeared to 
justifie their allegations, y*" end being answered for 
which they did it. Well the Assembly even that 
faction of y"' when they had examined the matter 



> We underwritten supposing we hod good reason to charge three of the persons 
returned to serve as Representatives in this Qenerall Assembly, But upon due con- 
sideration upon the premises find it difficult to come to a true determination 
thereof uatill we can by further inquiry find the truth of what we have l)oen 
informed of: We therefore humbly desire fourteen d^ys time further that we may 
))e able more fully to informe this House therein, wch we humbly suposc at present 
cannot be reasonably expected from us. We subscribe oui'selves your humble 
suppliants. TH08 REVELL 

DANIELL LEEDS. 

Your Hour is prayeil to excuse this not being in the letter, for my Amanuensis 
had omitted and the post did not stay long enough for me to new copie that sheet. 
I am Yo honors humble Servant LEWIS MORRIS 



•^HO LOUD CORNBUKY's ADMINISTRATION. [1708 

were sattisfied they were qualified and sent two of 
their Members to desire iny Lord to sware y"*, w*;*" he 
refused to do, pretending he was the judge of their 
quahfications, and that upon his determination they 
were to be admitted or refused; and so he kept them 
out about eleaven months. Perhaps of y* kind there 
has hardly been a gi-eater complication of villany. 
Among other Acts they past then, there was one to 
raise a Revenue of 2000 pounds a yeare for two 
yeares, and in that he consented to lay taxes on 
uncultivated lands, w^*" was directly contrary to his 
instructions, another Act for laying out High waies, 
and another to settle the Militia, all w^*" had the fol- 
lowing effects: — In the MiUtia Act the Quakers that 
could not for conscience forsooth beare armes was to 
pay a certaine sum yearly and forfeitures were laid 
upon other defaulters, but there was no provision 
made to retume y* superplusse of y*' distresses, if any 
such thing should be. My Lord had made a set of 
Officers sutable to his turne, to say no more of them: 
these were punctuall in making distresses, and gener- 
ally above ten times the value, w^*" when they came to 
expose to sale, no body would buy so that there is or 
lately was a house at Burlington, filled w**' demonstra- 
tions of y® obstinacy of y* Quakers; there was boots, hats 
shooes cloaths, dishes, plowes, knives, eai'thenware, 
with many other things, and those distresses amounts, 
it is said, to above 1000 a year, almost enough to defray 
the charges of y* government without any other way. 
The layers out of the High way Avere appointed by 
the Act, and such as were y*' most invetei-ate painty 
men, and such as were resolved to be no more want 
ing in their part of mischief than y' Mihtia officei*s 
were in theirs, and as fit for the turne of such a faction 
of an Assemblv, as the othei-s were for such a Gover- 
nour. They puU'd down their enemies inclosures, laid 
waies through their orchards, gardens and improve- 



1708] LORD cornbury's administration. 281 

men^ there was one gentleman at whom they had an 
extraordinary pique, and they laid a way over a mill 
pond, to necessitate him to pull down dam & miUs 
that could not be erected for 100 pounds, or to pull it 
down themselves, though the gentleman offered to 
build a bridge over the streame, at his own charge, i 
of a mile distant w^*" would have been f nearer and bet 
ter way. To be short they were truly industrious & 
fully answer'd the end of their makers, never omitted 
an ill turn they could do, and alwaies went out of their 
way to do it. 

The Revenue Act, though the money was to serve 
two years, yet it obliged the payment of it in one. It 
was a vast sum for that province, and the makers who 
by laying of a tax on land thought it would fall easie 
upon their own partie, who had but small tracts, found 
the success did by no means answer the expectations ; 
for though it fell heaviest upon y* men that had great 
tracts of land, yet they [were] better able to bear it, & 
their numbers were inconsiderable compared w^*" y' 
whole. The poore it undid for having to purchase the 
opportunity of plagueing their neighbors and of giving 
so much money (for that was all they got,- except the 
putting of a parcell of scabs in office) paid all y'' money 
they had or by their credit could get, and the bonds 
they had given becoming now due, and the tax and 
that to be both paid and they haveing no money and 
their creditt pawn'd for above the value ; it's not to be 
exprest y'' confusion and perplexity they were in. The 
whole Province was filled with murmurs and com- 
plaints ; but neither that nor ye hearty curses they lib- 
eraly bestow'd upon the vilains that were ye^ auth- 
ors of their sufferings, avail'd anything ; they were 
forced to get money, some by taking it up at 10 20 :>0, 
& more p' Cent interest, those whose credit would not 
go, even on y* most desperate terms, were forc't to 
sell w^ they had was vendible, to raise money, and 



282 LORD cornbury's administration. [1708 

very many there was y* sold milch cowes to raise six 
shillings. By this means y' tax was paid, and that 
coming from y® neck of the money raised to give his 
Lordship, and y*" extravagant distresses from y* Quak- 
ers, has so impoverisht New Jersie that they are not 
only unwilling to raise a support for a wretch who by 
the whole conduct of his life (here) has evinc't y' he 
has no regard to hon' or virtue, but they are also un - 
able to raise such a suport as he saies her Majistie de- 
mands, w^ is 1500 pounds per annum for twentie 
yeares. 

There has no occasion offered but her Majestic has 
exprest abundance of tendemesse for that people, and 
they have no other inducement to believe this demand is 
realy her Majesties, as tis said to be, but that thare is 
kind consideration of y inabiUties of y^ people, who 
were not able to give 2000, and therefore her Ma*^ 
abates 500 p' annum. Had they not been drained by 
their private and pubUc taxes they had been able to do 
it, but now they are not, 1000 pound is the utmost they 
can do ; & whc^ver acquaints the Queen they are cap- 
able of doing more does not undei'stand that Province 
and abuses her Majistie. I beUeve in a few years they 
may be able to raise above 1500, and whatever they are 
able to do they will be wiiling under the Administra- 
tion of any person y^ does not invade their liberties, 
and equally adminsters y"" laws ; but they think no 
consideration obliges them to support oppression. 

As to raieseing a revenue for a certain time, especi- 
ally so long a time 'tis what they are utterly avei-se to, 
for y* instances of y' misapplication of y"' revenue in 
the neighbouring government of New Yorke are so 
many and the extravagance of its application in New 
Jersie so great, that it is in my opinion impracticable 
to perswade an Assembly in this part of America to 
trust a Governor after my Lord Cornbury. When I 
spoke of the extravagant application of y' Revenue of 



1708] LORD cornbury's administration. 283 

New Jereie, I forgot to add the difficulty of knowing 
how 'tis applyed, for though her Ma'^ directs that y* 
Assembly examine y* Ace*' of y* disposall of money 
raised by them, yet y* Governour eludes y* ends of that 
instruction and protects one Peter Fauconier, a French- 
man Receiver Gtenerall in that Province, from giving 
the Assembly the satisfaction they ought to have. The 
fact is thus ; — the Assembly orders Fauconier to lay 
the Ace'* before them ; he did, and severall articles 
there wei-e, w^ they thought very extravagant ; they 
ordered him to bring his vouches ; the answer he re- 
turns is (if I remember) he is accountable to the 
Auditor Generall, and w'** out my Lord's direction he 
can not do it, w^ he has not had nor is not like to get, 
and there it sticks. 

If this, and what's inclosed lets your hon^ see y" 
state of New Jersie, I have my end, I ad that its y* 
impudent conduct of y" Govemours, to call it no 
worse, that has been y^ great prejudice of her Majes- 
ties service in America, the various kinds of injustice 
and oppression, y*' sordid and mercenary measures 
they have taken, the mean things they have stoopt 
to, the trash of mankind that has been their favorites 
and tools and by them raised to posts of hon' and 
proffit as rewards for accomphshing y*' worst ends, 
has stunted the gi'owth of these otherwise thriving 
plantations, and you may easily judge what effects 
are y'* unavoidable consequences of such causes, ex- 
cept mankind can be brought to love such things as 
by y^ principalis of human nature they must necesarily 
hate. 

Tis this has tilled y* Chai-ter governments w*'' people 
and makes them fond of suporting an administration 
in w^'' they can call their Governour to an account & 
punish them for male administration w'*'out y*' uncer- 
tain & tedious success of apphcation to comts ; and 
were it not for y" stingeness and naiTowness of then* 



284 LORD cornbury's administration. [1708 

principles (pardon this disagreeable truth) the govern- 
ments under her Majesties more iraediate administra- 
tion had long ere this been thin'd of inhabitants, and 
when a way is found that Governours may not do acts 
of injustice with impunity y* Charter governments 
wont long subsist. 

All the apologie I shall make for y^ lenth of this is, 
that I mean it for her Majesties service and hope y" 
goodness of y intent will induce a pardon for y* mean- 
esse of y* performance, and did I not feare trying your 
Hon*^ would enter into y* state of y* Province of New 
York ; but I hope some abler hand has done this Pro- 
vince & my Lord Combury so much justice as to lay 
before you an administration no where so exactly par- 
ralel'd as in that of Gessius Florus, Governour of Ju- 
dea, and has told you that her Majesties revenue here 
is nigh expiring and will certainly fall, if some elce 
ben't sent in my Lord's stead. 

We are told Sir Gilbert Heathcote has made some 
interest for his brother Coll. Caleb Heathcote ; he Avill 
be a man to y*" generall sattisfaction of y* people, and 
at this juncture to obtaine a resetlement of her Majes- 
ties revenue, no man fitter I know no man under- 
stands y*' Province or People better, or is more capable 
of doeing her Majestie i-eall service. He is an honest 
man and the reverse of my Lord Cornbury ; of whom 
I must say something w"^*" perhaps no boddy will tliink 
worth while to tell, and that is, his dressing publickly 
in woman's cloaths every day and putting a stop to all 
pubUque business while he is pleaseing himself e w"' 
y^ peculiar but detestable magot. 

It is not good mannei*s perhaps to pmy from a 
Secretaiy of State a line in answer, but I have soe 
much reason to feare y'' interepcting of my lettei-s that 
I would entreat some notice of y* receipt of this, and 
that for your owne sake as well as mine, to prevent 
your being troubled with a second edition w^*' additions, 



1708] 



LORD CORNBURY's ADMINISTRATION. 



285 



presuming you like long letters except where it cant be 
helpt as little as does: — 

Much Honor? I was here concluding, but the ill per- 
formance of my amanuensis makes it necessary to en- 
treat your excuse for it ; he had been us'd to write in 
mercantile affairs w^*" I suppose has made him use 
figures so much, and should I transcribe it I should 
miss this post and possibly the conveyance by the mast 
fleet. I am with all submission 

Right Hon''' 
Your Hon" most humble servant 




New Yorke y* 9th of Feby 1707,— (1707— S] 



Letter from Lord Cornhury to the Lords of Trade, for- 
trarding an address from the Lieutenant Om^ernor 
aiid Council to the Queen^ objecting to th^* proceed- 
ings of the Assembly. 

I From P. R. O. B. T New Jerwy, Vol. I, C. 88.) 

New York febniary 1 0th 1 70^ ' 

My I^rds 
I take the liberty to trouble your Lordshipps with 



» Received May 19, 17U6- Ed. 



286 LORD CORNBURT'8 ADMINISTRATION. [1708 

this to accompany an addresse to her Most Sacred 
Maiesty the Queen, signed by the Lieutenant Gk)uuer- 
nor and Councill of the Province of New Jersey, I re- 
ceiued it some few hours agoe with a desire to me to 
transmit it to your Lordshipps with their letter to you, 
I shall not pretend to add any thing to what they have 
said, nor to diminish from it, they are most of them 
much better acquainted with the people of that Prov- 
ince then I can pretend to be, and consequently are 
better able to represent the true Interest of the Coimtry 
then I can, though I-think I may without vanity say 
that I am not a Stranger neither to the Countrey, nor 
the People, their Interests, nor Inclinations. I have 
taken the liberty to offer your Lordshipps my thoughts 
upon these matters already by these conueyance, there- 
fore am not wiUing to trouble you any farther at 
present only to Intreat your Lordshipps to beheve that 
I am My Lords 

Your Lordshipps most 
faithfuU humble servant 

CORNBURY. 



Address accompanying the foregoing letter, 

fFrom P. R. O. B. T., New Jeney, Vol. 1. C. «S.J 

Copy of an address from the Lieut. Grov^ & 
Councill of New Jersey to her Majesty rela- 
ting to the Proceedings of the assembly of 
that Province Rece'd 19th May 1708. 



1708] LORD cornbury's administration. 287 



To THE Queen's most Exceix't Majesty. 

The Humble Address of the Lieutenant Governour 
& Councill of Nova Ciesaria or New Jei'sey in 
America. 

May it please Your Majesty. 

Wee the lieutenant Governoui* and Councill of Your 
Majesty's Province of Nova Caesaria or New Jersey in 
America have seriously and deUberately taken into our 
Consideration the Proceedings of the present Assem- 
bly or Representative Body of this Province, thought 
Our selves bound both in Duty and Conscience to 
Testify to Your Majesty our Dislike and abhor- 
rence of the same, being very sensible that the unac- 
countable Humours, and pernicious Designs of some 
particular men, have put them upon so many Irregu- 
laritys, with intention only to occasion Diversions and 
Distractions to the great Disturbance of the great and 
Weighty Affairs which both Your Majesty's Honour 
and Dignity as well as the Peace and Welfare of the 
Coimtiy i*eijuired. Their high Incroachments on your 
Majesty's Pi-erogative Royall, Notorious violations of 
the Rights and Liberty's of the Subjects, Manifest In- 
teri-uption of Justice, and most unmannerly Treat- 
ment of his Excellency the Lord Combury, would 
have induced Us sooner to have discharged our Duty 
to Your Majesty, in giving a full Representation of the 
unhappy Circumstances of this Yom' Majesty's Prov- 
inc:e and Government, liad We not been in hopes that 
his Excellency my Lord Cornbury's full and and ample 
Answ(*r to a most scandalous Libell, called a Remon- 
strance of the Assembly of Nova Caesaria or New Jer- 
sey which was delivered to the Govcmioui* by the as- 



288 LORD cornbury's administration. [1708 

sembly at Burlington in May last, would have opened 
the Eyes of the Assembly and brought them back to 
their Reason and Duty, But finding that those few- 
Turbulent and imeasy Spiritts in the Assembly have 
still been able to Influence, and amuse the Judgement 
of many well meaning men in that Body, as appears 
by another late Scandalous and Infamous Lil)ell, called 
the Reply of the House of Representatives of the Prov- 
ince of New Jersey to an answer made by his Excel- 
lency Eldward Viscount Combury Govenour of the said 
Province, to the humble Remonstrance of the afore- 
said House ; We are now obUged humbly to represent 
to your Majesty the true cause, and what We conceive 
may be the Remedy of these Confusions : The first is 
wholly owing to the Turbulent, Factious, uneasy and 
Disloyal Principles of two men in that assembly Mr. 
Lewis Morris and Mr. Samuel Jennings, a Quaker, 
men notoriously known to be uneasy under all Govern- 
ments, men never known to be consistent with them - 
selves, men to whom all the Factions and Confusions 
in the Government of New Jersey and Pennsylvania 
for many y^ars are wholly owing, men that have had 
the confidenee to Declare in open Councill, That your 
Majesty's Instructions to yom* Govemoui-s in these 
Provinces shall not oblige or bind them, nor will they 
l)e concluded by them further than they are wan-anted 
by Law, of which they will also be the Judges ; and 
this is done by them, as we have all the i-eason in the 
world to believe, to Incourage not only this Govern- 
ment ; but also the rest of your Majesty's Governm" in 
America to throw off your Majesty's Royal Prei-oga- 
tive, and consequently to involve all your Dominions in 
this part of the world, and the honest, good and well 
meaning people in them in Confusion, hoping there by 
to obtain their Wicked Purposes. The Remedy for all 
these Evils We most humbly propose is, That your Ma- 
jesty will most graciously please to Discountenance* 



1707] LORD COBKBURY'8 ADMINISTRATION. 289 

these wicked designing men, and Show some disUke of 
this Assembly's Proceedings, who are Resolved neither 
to support this Your Majesty's Government by a 
Revenue, nor take care to Defend it by SettHng a 
MiUtia. This last Libell, called the Reply &c, came 
out so suddenly that as yet wee have not had time to 
answer it in all its particulai-s, but do assure Your 
Majesty that it is for the most part false in fact, and 
that part of it which carry's any face of Tiiith, they 
have been malitious and imjust in not mentioning the 
whole Truth, which would have fully justified my 
Lord Combuiy's just conduct. Thus having Dis- 
charged this part of Our Duty, which we thought at 
present Incumbent upon Us, Wee begg leave to assure 
Your Majesty, That whenever we shall see the People 
of this Province labour imder anything like a Griev- 
ance, we shall according to Our Duty immediately ap- 
ply to the Govemour, with our best advice for the re- 
dress of it ; and wee have no reason yet to doubt of a 
i*eady a)mplyance in him. Wee shall not be particu- 
lar in, but Cleave leave to i-eferr, to his Excellency's Re- 
presentation of them to the Right Hon^!° the Lords 
Commissionei-s for Trade and Plantations. The stren- 
uous Asserting of Your Majesty's Prerogative Royall, 
and vindicating the honour of Your Governour The 
Lord Cornbury. will in our humble Opinion, l)e so ab- 
solutely necessaiy at this Juncture, that without so 
doing Your Majesty will find your self deceived, either 
in yom- Exi>ectations of a Revenue for the support of 
the Government, or a MiUtia for its Defencre. In hopes 
your Majesty will take these impoitant things into 
your consideration, and his Excellency the Loixl Corn- 
bury with the Membei-s of Your Majesty's Councill 
into Your Rovall Favour and Protection, We shall 
conclude with our most fervent Prayei*s to the most 
High to lengthen your days and mcrease your Glories, 
19 



2\)0 



LOUD CORNBURY'S ADMINISTRATION. 



[170 






and that oui* selves in particulai' and all othei-s in Gen- 
lall, who reape the Benefit of your Majesty's most 
Gentle and happy Government may be, and ever con- 
tinue, the most Loyall and Dutifull of Subjects, to the 
most Gracious and best of Queens. 

Tho : Revell. ' 

Dan : Leeds. 
Rob*: Quaky Dan : Cox. 

Ric : TowNLY 
W" Sant)ford 



Rich"! Ingoldsby ' 
W!' Pinhornt: 

R : MOMPESSON 




I Thomas Revell, with his wife, chOdren and 
servants, came to West* Jersey on board the 
ship Shield in December, 1078, and landed at 
Burlington ;— that being the first vessel ascend- 
ing the Delaware to that point. The first 
position that he held in the province seems to have been that of Provincial 
Clerk and Recorder at Burlington, but he does not appear to have 
become much interested in land and his name is not among those who 
surrendered the province in 1708. He was for many years the Register 
or Recorder of the West Jersey Proprietors at Burlington, and '* Revell's BooIch 
of Record '' are still in existence and the despositories of much valuable in- 
formation respecting that portion of New Jersey. In 1099, in connection with John 
Tatham and Nathaniel Westland, he got up an anonjnmous pamphlet aimed at 
Samuel Jenings which did not tend to raise him in the estimation of the people. 
His connection with Daniel Ooxe adverted to in subsequent documents, and bis sub- 
serviency to Lord Combtuy also operated to his prejudice, it is thought that tlie 
same relations existed between Ooxe and Daniel Leeds as with Revell. As Leeds 
filled the position of Surveyor, the landed interests of Coxe may have had some- 
thing to do with their association. Leeds' first official position seems to have been 
as member of assembly in 16S2.— Ed. 




was of a good family in England and arrived at New York as Captain uf a oonipany 
of troops on 38th January. 1682 ; but ha\ing seen some field senice in Holland and 
Ireland, he was accorded the title of Major. The Leisler difficulties, and other 
public meaMures, to which the peculiar circumstances of the times gave prom- 
inence, caused him to be charged with important duties in which he manifested 
much ability, although designated by Governor Bellomont as '*a rash, hot-headed 



1708] LORD cornbury's administration. 291 



Minutes of the Assembly of New Jersey from the iSth 

to 12th of May, 1708. 

[From P. R. O. B. T. New Jersey, Vol. 1, C. TO] 

[Endorsed. 1 

Minutes or Joumall of the Assembly of Nova- 
Caesarea or New-Jersey begun the 5*f* May 
1708 at Burlington. But were Factious & 
mutinous And would do nothing so ad- 
joum'd them to 3? Tuesday in Septemb*: 
1708 to meet at Amboy Lord Cornbury 
Grovemor referred to in MT Dockwras 
Mem? Rec'd: 2 Novembf 1 709 

Minutes of the House of Representatives of the 
Province of Nova Caesarea, or New-Jei-sey; in the 
Third Sitting of the first Sessions of the Third Assem- 
bly begun at Burlington, the first day of May Onc^ 
thousand Seaven Hundred & Eight, In the Seventh 
Year of Her Majastys Reign. 

Die Mercurii A: M: 5? Maji 17os. 



man/* He conducted a conference with the five nations of Indians in June, 1602, 
he then holding the position of Commander in Chief of New York. He wannl.\ 
urged his claims to the (lovemorHhip of the province but without succesH, and in 160<i 
he obtained a furlough for a year and went to England, with a view probably to that 
appointment. Much to the dissatisfaction of Governor Bellomont and other func- 
tionarien of New York, he remained In England until 1704. ** Tis an unpardonable 
Delect in that man,'* wrote Governor Bellomont to Secretary Vernon in 1700—** to 
be away so long from his duty : hlH wife and children are starving at Albany, and 
h«* is HO inhuman as not to look after ur supply them in the least.** He arrived in 
New York by way of Virginia in March, 170i, bringing a commission as Lieutenant 
Governor of tliat province. Prectnling documents show how little aoconl then* 
was between him and his superior Lord Cornbury. make known the revocation of 
his conimis8ion. and his subsequent actM when, on the death of Lord Lovelace, he as- 
sumes! the supn*me authority lx)th in New York and New Jersey. On th<* appoint- 
ment of Governor Hunt<»r as Governor of New .Jersey In 1709. Major, or as he was 
then generally called Colonel Iiigoldsby withdrew from all connection with the 
affairs of New Jersey, and it is presume<l, as he is rt»pre»ented by Governor 
Hunter as being in ne<^essitous circumstances, that he returned to England, as 
nothing is known of his subsequent career. N. Y. Col. Doctunents, Vols. lU.. IV.^ 
V.-Ed. 



29-2 LORD CORNBURY's ADMINISTRATION. [1708 

His Lordship was pleased to Adjourn the Assembly 
till to Moiiow moniing Eleven a Clock. 

DieJovisArM: ^ The House mett and a Message fi-om 
60 May 1708 f His Excellenc}' by the Clerk of the Coun- 
cill, Acquainting the House His Excellency Required 
their Attendance, the House waited on his Exc'll^ 
accoixUngly, and Informed His Excell that the Speaker 
was at present Indisposed, and prayed His ExceU^ 
would Adjourn the House till Mimday next Upon 
which His ExcellY was pleased to Adjourn the Assem- 
bly till Munday next. 

DieLim»aA:M:| The Housc Waited ou his Excell?^ & 
lOo May 1709 ) Inform'd His Lord*? the Speaker was so 
Indispos'd, he was not Capable of Attending the 
House, and prayed His Lord*P Direction His Lord'** 
Ordered them to Repaire to the House & Choose 
another Speaker and pi-esent him to His Lord'P at five 
a Clock in the After-noon if they cou'd make their 
Choyce Soon enough or othei-wise to morrow Morning 
at Eight a Clock. 

The House Retum'd and proceeded to the Choyce of 
a Speaker and accordingly did Choose Tho Gordon 
EsQf their Speaker and did Conduct him to, & ])lace 
him in the Chair. 

The House went to Attend His Excell' and Ac- 
quainted His Excell' they had Chosen Thomas Gordon 
Esq"" theii' Speaker, who his Excell': was pleased to 
approve of, and Required their Attendance at Eight a 
Clock to Morrow Morning. 

The House adjoum'd till to Morrow Morning 8 a 
Clock. 

DieMarti8A:M: I The Housc met accordiug to Adjourn- 
iio May i7o«. ) nieut Mr Speaker left the Chair, and with 
the House went to Attend His Excell' : and being Re- 
tuin'd Mr Speaker Resum'd the Chair, and acquainted 
the House His Excell' was pleased to Make them a 



1708] LORD cornbury's administration. 293 

Speech and had Given a Coppy of the same which was 
laid upon the Clerk's table. 

Order'd the Same to be read presently which was 
accordingly Read in these words. 

Gentlemen 

The Great desire I have to see the Sei-vice of the 
Queen and the Good of this Province carried on, Sup- 
ported & provided for as they ought to be, is the 
cause of my giving you this oppertimity of Meeting to 
prepare such Bills to be past into Laws as may Be 
proper for the Support of Her most Sacred Majesty's 
Govemm* and the peace, quiet, Happyness and Well- 
fare of your Country. Thei'efore that I may not be 
wanting in my Duty, in the Station the Queen has 
been pleased to Honour me with: I shall put you in 
mind of those things which I think ought to be Imedi- 
ately provided for; the first of which is, the Providing 
a Revenue for the Support of the Governm^ the Reve- 
nue which the Queen Expects is £1500 a Year for one 
and twenty year's; The next thing I shall recom'end 
to Your Care is, the Reviving or Re-enacting the 
MiUtia Bill: which will Expire with the End of this 
Sessions I have every Sessions since I have had the 
Honor to Serve our Most Gratious Soveragne in this 
Province, put you in mind (by Her Maj'^* Express 
Com'and) of Passing a Bill or BiUs for the Confirming 
the Right & Property of the Soyle of this Province to 
the Genei-all Proprietoi-s according to their Respective 
Rights & Tytles; and Likewise to Confirm and Settle 
the Perticular Titles and Estates of all the Inhabitants 
of this Province, and other Purchasei-s claiming under 
the Proprietoi-s. I am still of Opinion that Such Bill 
or Bills will best Conduce to the Improvem^ of this 
Province as well as to the Peace & Quiett of it, I did 
likewise last Year Recomend to You the Passing of 
Bills for Erecting, and Repareing Prisons, and Court 
Houses, in the Severall Countys of this Province: and 



2M LORD COHNBURY*S ADMINISTRATION. [1708 

the Building of Bridges in those places where they are 
wanting; and which will never be well done, but by a 
Generall Tax for that purpose; very late experience 
has taught us how necessary it is to pass a law for the 
Settling the Quallifications of Persons to Serve upon 
Jurys; therefore I hope you will take Care to prepare 
such BiUs to be passed into laws as will answer the 
purposes aforemenc'ond. 

I can't conclude, without again putting you in mind 
of Reviewing the Acts of Assembly passed in the time 
of Proprietory Govemm? that if any of them may be 
of Use they may be Ee-enacted; in Order to be humbly 
Represented to Her Majesty for Her Royal Approba- 
c'on. If any thing else occurs to You fitt to be pro- 
vided for, by a Law; You shall all ways find me ready 
to Consent to any thing that may be for the Service of 
the Queen, and the Real good and advantage of the 
Country. 

Resolved that the House will Resolve it self into a 
Grand Com'ittee of the whole House, at two a clock in 
the afternoon to consider of His Excell' : Speech. 

The House adjourned till two a Clock. 

Ordered that all the members of this House attend 
the service of the House at two a Clock in the after- 
noon 

p. M: EjuHt: Diei The House accordiug to order Resolved 
into a Grand Com'ittee of the whole House to Consider 
of His Excell': Speech and after some time spent 
therein Mr Speaker Resumed the Chair, and Cap* 
Farmer Reported from said Com'ittee that they had 
made some Progress in the matter to them Referr'd; 
and that he was directed to move that they might 
have leave to Sitt again at tenn a Clock to nioriow 
mornmg. 

Resolved that the House will resolve itself into a 
a Grand Com'ittee of the whole House at ten a Clock 



1708] LORD cornbury's administration. V.^^y 

to moiTOw moniing. to consider farther of His Excel!': 
Speech. 

The House arljourn'd till to morrow 10 a Chxtk: 
A:M: 

DteMercuriiA.M: t ^he House occordliig to Order Re- 

lao May 1708 ) solved into a Grand Com'ittee of the 
whole House, and after some time spent therein Mr 
Speaker Resumed the Chair and Cap! Farmer Reported 
from said Com'ittee that they had considered His 
Lords^" Speech in all it's pai-ts, and had di-awn up an 
Answer to the same, which thev directed him to 
Report to the House. 

Ord'red the said Answer to be Read Pi-esently, 
which was Read according. 

Motion being made and the Question put whether 
the Answer to His LordT Speech should pass as it was 
last Read in the House It pass'd in the Affirmative, 
Nemine Contradicente. 

The House adjum'd till two a Clock Post: M: 

P: M: Ejus'd: / Ord'red that Mf Machelsou & Mr Price 
wei \ wait on His Lords? to know when His 
Lord*? would be pleased to be waited on by the House, 
with an Answer to His Lordships Speech. 

M' Price Reported, that Mf Machelson & himself had 
waited on his Excell*:^ with the above message and 
that His Lord"? appointed the House to attend him at 
five a Clock in the Afternoon. 

A Letter from Cap^ Parker making his Excuse for 
not attending this House was Read, and Referr'd to 
farther Consideration. 

Mr Speaker with the whole House went to attend 
His Lord'** with theii- Answer & Read the same & 
deUvered it to his Lordship; and is as foUoweth. 

May it please your Excellency. 

Wee the Representatives of this Her Majesty's Prov- 
ince of New Jei'sey in Gen" Assembly mett and As- 



296 LORD CORNBUKY^S ADMINISTRATION. [1708 

sembled, do with Loyall hearts, and willing minds 
Imbrace this Oppertunity, to Testifie how ready and 
desireous we are, as we always have been to maintain 
and Support, Her most Sacred Maj*!' Govemm* over us 
to the utmost of our poor Abilitys, and are hearty 
Sorry, that any Misunderstandmg has happened be- 
tween Yor Excell*"/ and us. 

Wee Indeed about a Year agoe humbly Represented 
to Yor Excell': Some of those many Grievances our 
Country then layboured under, most of which doe yet 
remain; and are very Sorry we are forced to Say, that 
they have and doe Still dayly Increase, we find Her 
Majestys Good Subjects of this Province have been, 
and are dayly persecuted upon Inf ormac'ons upon very 
f rivolus pretences, a Method which renders that Excel- 
lent and happy Constitution of Grand Jury's useless; 
and if Continued, puts it in the power of an Attorney 
Generall to raise his fortime upon the Ruins of our 
Country. 

Wee find it's a great charge to our Country that 
Jurys and Evidences are brought from the Remotest 
parts of the Province to the Supream Courts at Bur- 
Ungton & Amboy. 

We find it's a gi'eat Grievance to our Country that 
the practice of the Law are so precarious that when 
Innocent Persons are prosecuted upon Informac'ons 
and Actions brought by some Persons against severall 
of Her Majesty's good Subjects, the Gentlemen who 
are Lycensed to practice the Law are aflfraid to appear 
for the Defendants, or if they doe appear, dare not 
discharge their Duty to their Chants, for fear of being 
Suspended without been convict of any Crime, deserv- 
ing it, or Reason assign'd as was done at Burlington in 
May last, to the Damage of many of Her Majesty's 
Subjects. 

Wee find the Representatives of this Her Majesty's 
Province, so Slighted and their Com'ands so little 



1708] LORD cornbury's administration. 297 

regarded, that the Cleark of the Crown has refused to 
Issue out a Writt for the Electing a Member wanting 
in our House. 

Wee hope your Excell^/ will Consider and Remove 
these and Many other Inconvenienc's and Grievances, 
which this poore Province Labours under; which will 
Enable us to Exert the utmost of om* Abilitys in Sup- 
porting Her Maj^?" Governm: And will make us happy 
under the mild & meek Administration of the Greatest 
and most Glorious of Queen's we doubt not wei'e Her 
Maj^^ Rightly Informed of the Poverty and Circum- 
stances of our Country, and that Our Livelyhoods 
depends upon the Seasons of the Year; Om- Most Gra- 
tious Soveragne would Pitty our Condition, and never 
Expect the Settlement of any Support of the Govern- 
ment, further than from Yeare to Yeare. 

Wee find the Present Militia Bill so great a Griev- 
ance to our Countiy, that wee can never think of 
Reviving or Re-enacting it, as now it is, tho' we hearty 
willing to Provide for the Defence of our Countiy which 
we hope may be done, with greater Ease to the People. 

Wee have been, and StiU are, Endeavoming to 
Answer Her Majesty's Comands in Confirming the 
Rights and property, of the Soyle of this Province, to 
the Generall Proprietoi's thereof according to their 
Respective Rights & Tytles and Likewise to Confinn 
the Pellicular Tytles & Estates of all the Inhabitants 
of this Province; and other Purchasei-s Claiming under 
the Proprietors; but tho' we have had Sevei'all Opper- 
tunitys of meeting in GenV Assembly s, Yett have not 
had an Opertunity to Perfect it. 

Wee humbly Acknowledge your Excellencys favour 
in putting us in mind of Providing Prisons, Court 
Houses and Bridges, where such are wanting which 
we shall take into Consideration. 

Wee had a Bill for Settling the Qualifications of 
Jury's prepared last Sitting, at Amboy; and shall now 
present it. 



298 ADMINISTRATION OF LORD LOVELACE. [1708 

Wee can't Omitt Rendring yo' Excellency our hearty 
thanks, for minding us of Eevising of our former 
Law's, we had last Sitting at Amboy, appointed a 
Com'ittee for that End; but were Impeded by Mr 
Basse the Secretary's positive refusing to let us have 
the perusall of them. 

As we have always used our utmost endeavours in 
the faithfull Service of our Queen and the advancing 
the Gktod and benefitt of our Coimtry; so we shall still 
continue to doe the Same, with all the Dispatch wee 
are Capable of. 

Divers of the Members of this Assembly being of the 
People call'd Quakers doe Assent to the Matter and 
Substance, but make Some Exceptions to the Stile 

By Order of the House 

Thomas Gordon Speaker 

WeMenmrtt A;M: ) Jn? PINHORN CI:— 

i«o May 1708 ^ His LordP was pleased to Adjum the 
Assembly to the third Tuesday in Septemb: next to 
meet at Amboy. 

End of the Third Sitting of the 3!* Assembly. 

J: PiNHORNE. 



From the Lords of Trade to the Secretary of State, 
with draft of a Commission to Lard Lat^ela^^e to be 
Oovemor of New Jersey, 

[From P. R. O. B. T. New Jersey, No. 12, p. 829. | 

To the Right Hon^!*' the Earl of Sunderland, 
Her Majesty's Principal Secretary of State. 

My Lord, 

Having pursuant to Your Lordship's letter of the 
28'?* of last Month, prepared the Draught of a Com'Ls- 
sion for the Right Hon^3« the Lord Lovelace to be 
Captain Greneral and Governor in Chief of Her Majes- 
ty's Province of New Jersey, in the i-oom of the Lord 
Cornbuiy; We transmit the same to your Lordship,' 

* It is thought unnecessary to print the Oommission, as, exceptinj? some slight 
verbal alterations, it was the same as that gi^en to Lord Combury, for which see 
Vol. I. pp. 489-500. -Ed. 



1708] 



ADMINISTRATION OF LORD LOVELACE. 



299 



together with a Representation for laying the said 
Draught before Her Majesty in Council; and are, 
My Lord, Your Loi-dship's most humble Sei-vants, 

J. PuLTENEY. Stamford. 
Whitehall i R. Monckton. Herbert. 



April y 19»?» J 



Ph: Meadows. 



1708. 



Nominations for^ the Council of New Jersey, 

IProm P. R. O. B. T., Nt»w Jersey. Vol. 1, CaS.] 

List of Persons proposed to be of the Council of 
New Jersey Rec'ed from L** Lovelace & 
Propriet" 12*? May 1708 

New Jersey 

Rich'* Ingoldesby L* Govr 
E Coll Lewis Monis 
E William Pinhorn ' 
W Greorg Deacon 
E WiUiam Sandford 

Roger Mompesson 

Miles Foster [Foi'ster] 

RicW Townley 

Hugh hoddy 

WiUiam hall 

John HaiTison 

Capt Hamilton Son of y*' late Govf 



'This KentlemAn 
who had filled 
many prominent 
positions in New 
York prior to his 
connection with 
New 'Jersey.* af- 
fairs, arrived in 
that province on 
7th AuffUHt, 1G7S, 
being a fellow- 
passenger with 

(ioveru(»r Ami rus on board the Ship BlutMom. ills flntt office in New York appears to 
have been that of alderman, and in 1685 he be(>ame member of the asMembly. In IGM) 




300 ADMINISTRATION OF LORD IX)VELACE. [1708 

Objections by soine of the Proprietors^ to the continu- 
ance in office of several members of the Council of 
New Jersey. 

rrrom p. R. O. B. T. New Jersey, Vol. 1, C. sM.] 

Objections against Some of the present Coun- 
cell of the United Provences of East and 
West New Jersey, humbly Submitted to 
the Consideration of the Right Hono**!® the 
Lords Comi*? for Trade and plantations, by 
severall of the Proprietors of the said 
United Provinces.^ 

Thomas Reuell [Revell], besides his detaining ovu- 

he was appointed one of Qov. Slaughter's council. In 1691 was Recorder of the city 
and one of the Justices of the Supreme Court of the province. Having removed to 
New Jersey in 1092 he was suspended from his offices on account of his non-residenoe, 
but was reinstated the following year on his resuming his residence in New York. 
In 1008, political power having got into the hands of those inimical to him, he was 
again suspended and returned to his plantation in New Jersey, which consisted of 
more than a thousand acres between the Hackensack and Passaic Rivers, described 
in Scot's '' Model of the Government of East Jersey " (p 187) as " a brave planta- 
tion near unto Snake Hill," being one half of a tract bought by Edward Earl, Jr.. in 
April, 1676. He paid therefor " and for one half of the stock christian and negro 
servants, five himdred pounds.'* Not being willing to lose his opportimity for ad- 
vancement in public Ufe, Mr. Pinhome gave up his residence in New Jersey and re- 
moved to New York in 1693. He became one of Governor Basse's council in 1096 ; 
and also the Second Judge of the Supreme Court. His associate was Roger 
Mompesson who afterwards married his daughter. The arrival of Lord Bellomont 
as Governor of New York caused such a change in the political atmosphere of the 
Province, that Pinhome was suspended from his offices of Judge and Councillor on 
the charge of having '* spoke most scandalous and reproachful words " of the King : 
and he returned to his plantation on the Hackensack river. It '* became his f utiu^e 
residence " says Mr. field " and was honored with the name of * Mount Pinhome; 
certainly a more euphonious appellation thaa Snake Hill. It was the seat of simple 
but not inelegant hospitality, and the home of a numerous family." He was ap- 
pointed by Lord Combtuy second Judge of the Supreme Court of New Jersey, and 
as such took his seat on the Bench at the first term, held at Burlington, November, 
1704 ; having been appointed previously one of the Gtovemor's Council. He held 
various other positions in the following years, and married a daughter of Lieutenant 
Governor Ingoldsby ; a relationship which caused him to be made a participant in 
some of the injurious comments upon the name of that functionary. He also had 
to shore in the obloquy cast upon his associate Chief Justice Mompenson, who was 
his son-in-law ; so that in conjunction with the fact that he had to bear up under 
considerable odium for asserted official misconduct, it has to be adjnitted that he 
was not personally popular. On the arrival of Governor Hunter, in 1711, Mr. Pin- 
home's dismissal from office was asked for but it did not come until 1715. There- 
after he took no part in public affairs and died in the first part of 17:20.— Field's 
Provincial Courts, pp. 78—82; East Jenej under the Proprietors, 9d edition, p. 400 
Ac. ; N. T. Col. Docts., Vol. Ill, p. 716; Winflekl*s Hndton County, pp. 126— 1S7.— Ed. 
» Reoeivwl 19th May, 1706. 



1708] ADMINISTRATION OF LORD LOVELACE. 301 

money and taking part with Coll. Cox to defeat us of 
our purchase from his Father, he was one of the per- 
sons made use of by U. Cornbuiy to keep out Unjustly 
three of the Members of the Assembly untill they had 
procured Severall Acts to pass Contrary to his Lord*^ 
Instructions and very prejudiciall to the Country, and 
to the Rights of the Proprietors, as more fully appears 
by the Depositions of John Hamilton and George In- 
goldesby, to which we referr yo^ Lord'*" he is likewise 
represented to us, as having no land in the province, 
and Guilty of a Notorious fact in furthering the Es 
cape of one pursued for Burglary accompanied with 
very Extraordinaiy Circumstances aggravating the 
Crime. 

Daniell Leeds another of the L*? Combuiys Instru- 
ments in the matter above related as appeal's by the 
aforemenc'oned Depositc'ons. 

Robert Quarry' represented to us as having no Land 
in the Province, and Joynes with Reuell and Cox in 
their Unwarrantable practices 

Peter Sonmans a person of a broken fortune, he 
went over with a pretended and most lUegall power, 
from some of the proprietoi-s of the Easteni Division, 
in the name of the whole by vertue whereof he was 
admitted by the Lonl Conibury as Agent and Receiver 
of the Quitt Rents, notwithstanding there was another 
pei'son duely authorized for that purpose, but he hav- 
ing his Lord^' favour pr<xjeeds in Executing his Arbi- 
traiy and Ulegall Commission, and if Continued of the 
Councill, will bo too much Countenanced in his viola- 
tions of the proi)rietors Rights and Justice moi'o diffi- 
cultly obteyned iigainst him. 

Daxiet. Cox" by his Interest with the Lord Coinbiuy 
hath been Incouraged to sett uj) a pretended title to 
r^iids pui'chased by us of his Father, and is in Con- 
ft^leracv with Rouell Sonmans and otheiN to defe»at the 



> For notice of Kotiert QuarywHs Vol II p iM. 
* For notioe of Daniel Ooxe see FtLge 116. 



30:.' 



A DMIKI8TEATI0N OF LORD LOVELACE. 



[1708 



proprietors of their Rights, and to promote lUegal and 
Arbitrary proceedings. 

The particulars to which these facts Relate have been 
so fully made out by Letters, and by the Informa'con 
of persons come from thence, that wee have no Ground 
to doubt the truth of them, and therefore humbly 
Offer that in the place of the aforemen'coned persons. 

These Subjoined or some of them may be of the 

Councell, being men of Estates, and know^n Integrity 

(viz) 
'E Miles Foster [Forster]' 

E Richard Townley 

W Hugh Hoddy 

W Wm? Hall 

W John Harrison 

W John Hamilton 

All which is humbly Submitted to yor LordP" 

19^»» May 1708 Tho Lane 

Paul Doeminique 
H. Bennet 
Rob Michel 
Jn"* Bridges. 

E. RiCHIER 

Jos: Brooksbank 
Fra? Michel 




vnwri 



* Miles Forstkr is 
first mentioned in 
the provincial rec- 
ords in 16&1. as depu- 
ty to William Hai^. 
the Receiver and 
Surveyor General, 
and in 1087 he was 
made Collector of 

the Customs at Perth Amboy. From 1«JH9 to 1095 he seems to have had his resi- 
dence in New York, and is called "merchant." As some indication of the estima 
tion in which he was held, it may be stated that Col. Lewis Morris, father of Go^ . 
Morris, appointed him one of his executors in 1690. He subsequently became a 
resident of Perth Amboy, where he held considerable property. lie died in 17m, 
and William Bradford, the printer, of New York, was one of his executors His 
wife was Rebecca, daughter of Gawen Lawrie, Deputy Governor of the Pro\in« v 
prior to 1887.— See Whitehead's Hhitory of Perth Amboy. &c.. p. 1ft. Kd. 

' The letters *' E " and " W " desii^nate the locality whence the i^erHons wen* 
taken, either East or West Jersey. -Ed. 



1708] ADMINISTRATION OF LOKD LOVELACE. 303 



Letter from William Penti to William Popple^ Secre- 
tary to the Lords of Trade, respecting MessT" Revell 
and Leeds. 

(From P. R. O. B. T. New Jeraey, Vol. 1, C, «7. | 

Letter from Mr. Perm signifying that he thinks 
it for the advantage of New Jersey that 
M*" Revel and Leeds be not continued in the 
Council of that Province Rece'd 27*^ May 
1708 

2(5. 3? (May) 170s 

Esteemed Friend 

Considering the reason of y"^ Settlem^ of West Jei'sey 
especially, and the reall Interest of the same w^ith i^e- 
spect to the encourageni^ and Satisfaction of the most 
valluable inhabitants in y* place, I am of opinion Ijeave- 
ing those Pei'sons, Tho : Revell & Daniel Leeds out of 
the GounciU, w^ill tend most to publick quiet and Satis- 
faction of y*' people of those parts, W*" I take to be of 
moment at this time, on divers acc'V' one Keeble y^ is to 
be w'il ye Ix)ixis, know^s them both, pi'ay ask him & 
favour his proix)sall of a Noble Staple, Potash, to en- 
crease our Returns (our present defect) & believe that 
lam 

Thy assui-ed & affec* Fiiend 




ftO(i ADMINIStRATlON OF LORD LOVELACE. [1708 

bringing the Pot-ash manufacture to such perfection 
as to be approv'd by the Soap-boylers in London and 
that the said John Keble is the cheif who by his Art 
& Industry hath given apparent hope of producing a 
Staple Commodity in the Queens Colony's in North Am- 
erica as will effectually help the Country to returns & 
so to augment & expedite Trade which hitherto are 
very difficult and chai'geable to make Remittalls being 
at 50£. or 60£. if not 70£ P cent. Doe therefore 
humbly i-ecomend the said John Keble as a fitt person 
to be encouraged in the future progress of his Under- 
taking of the said Pot-ash worke which we an^ per- 
swaded he will faithfully perform to the Publick good 
as well as private Utility. 

Evan Evans Minister of Philadelphia 
W P Nane of New Jersey 

W^ Penn Phil 
Jn^ Hinney of Pen* 
James Thomas of Pens'* 



Memorial of Peter Sonmans to (Governor Conibury, 
against John HarHson, Judge of the Court of 
Common Pleas. ' 

tFrom P. R. O. B. T. New Jersey, Vol. 1, C. 74. | 

To HIS ExcELLiI Edward Viscount Cornbury, 
Cap :^ Gtenerall, & Grovemour in Chief ; in, 
and over Her Majestys Provinces of New 
Jereey, New York, and of all the TeiTitories, 
& Land, depending thereon, in America, & 
Vice Admirall of the same in Councill. 

The Memorial of the Agent of the Proprietors of fJie 

Eastern Division of New Jerseij. 

Humbly Eepresenteth. 

That upon a full hearing before your Excellencie in 

^ Referred to in Mr. Dockintt's Memorial of Oct. 81, 1709.— Ed. 



1708] ADMIXISTRATIOX 0^ LORD LOVELACE. 30T 

Councill, of all the Objections, made against the said 
Agents Deputation, by the said Proprietors: and of the 
Powers and Authority given him, Your Excell!:' by 
Proclamation dated at Perth Amboy the 9VI' of Novem- 
ber last past: was pleased to confirm the approbac'on 
made by your Lords*' in Councill (the 24^? Aug? last 
year) of the said Deputac'on pui-suant to Her Maj*I* 
Instruction : and further by said Proclamac'on ; To re- 
quire all & every of the Justices of the Peace, Sher- 
iffs, and other of Her Majestys Officei-s for the time 
being; in the said Province ; to be aiding and assisting, 
unto the said agent from time, to time. 

That nothwithstanding Yor Excell*'?* Comands 
thus pubhsht, Capt. Jn*? Harrison altho Honored with 
a Comission of the Peace and Judge of the Court of 
Com'on Pleas, for the County of Middlesex, in the said 
Province ; has been so fair from obeying y o' ExcellT 
Proclamation ; that he has with the utmost dilligence 
endeavourtd to obstruct, Defame, & Scandalize the 
said Agent, not only in all parts of the said Province: 
but also in all other places, particularly on the lol^ day 
of ApriU last, at the House of Theophilus Peai'son, at 
the town of Newark, in the County of Essex; the 
Court then sitting there ; In Derogac'on of Yor Lo^L' 
Judgem^ in the Councill, grounded upon a long debate 
by Councill at Law on both sides; In Opposition to the 
the said Proclamac'on, in Defiance of Yo' Excell'^ au- 
thority; took upon him to say, & declare Publickly, in 
the Presence of Major W™ Sandford, and diver othei-s; 
that he did not valine the said Agent moi-e than 
the Dirt under his feet; foi* that the said Agent was 
fled out of England for his debts; and that he wou'd 
do the same from here, before two years was Expired. 

That the said Agent had no Authority as he pre- 
tended, relating to the Proprietors affaii-s, nor power 
to receive the Quitt. Rents, of the said Eastern Division; 
and he the s'i Hanison offered to lay a wager of tl 0, 
that whosoever i)aid any money for Quitt Rents to the 



308 ADMIXISTRATION OF LORD LOVELACE. [1708 

said Agent, wou'd be forc't to pay it over again. That 
the said Agents Commission for that pui-pose was of no 
force, or effect, altho Signed by some Prop!!! but that 
some of them had been dead two years before the 
said Agent left England. The said Harrison then & 
there i-ead a letter, which he alledged came from her 
Maj'Z declaring that the said Agents father was an 
AUen at his Death, to which the said Hamson added 
that the said Agent was an AUen as well as his father, 
therefore insinuating that the said Agent had not the 
least Right to any Land, nor cou'd manage the Affaii's 
of the said Proprietors; all which and many more 
Scurrilous things, the said Harrison said, Severall 
times befoi'e, against the said Agent; the said Agent is 
ready to procure, when ever Yo' ExcelPi shall please 
to appoint. 

That by these false aspersions, especially considering 
the Station Yo' Excelli^ has been pleased to put the 
said Harrison in, which has so farr imposed upon many 
(Especially the Inhabitants of Newark aforesaid, who 
before declaimed they were not against paying theii- 
Quitt Rents; but have now sent word to the said Agent, 
they will not pay any; but resolve to stand Try all 
with him), that the said Agent dayly meets with insu- 
perable Instructions, & Difficulties, in gathering the 
said Quitt-Rents; and performing the other parts of his 
Agency; as well as in prosecuting his own private 
Affairs whereby the Proprietor not only loose the 
benefitt of Her Majestys Gratious Instinictions to your 
Excellency on their behalf : but are also absolutely f rus- 
ticated of Yor Excellencys favoui-s in Assisting their 
Agent. 

Wherefore the said Agent finds himself Obliged to 
Represent to Yo^ Excellencys in Councill these tilings ; 
and to pray such Remedy, as your ExcelP7 in your 
Wisdom and Justice shall think titt; to which it's 
himibly Submitted by &c* 

Peter Sonmans. 



1708] ADMINISTRATION' OF LORD LOVELACE. 309 



Representation of tlie Lords of Trade on Lord Love- 

lace^s Instructions, 

[From New York Col. Docts, Vol. V., p. 42.) 

To THE Queen Most Excellent Majesty. 

Having in obedience to Your Majesty's commands 
laid before your Majesty the Draughts of Commissions 
for the Right Hon^' ® the Lord Lovelace to be y' Ma- 
jesty's Captain General and Gov' in Chief of Your Ma- 
jesty's Provinces of New York and New Jei-sey; we 
herewith humbly lay before Your Majesty the 
Draughts of Instinictions to his Lordship, for the said 
Governments, which Instructions are to the same i)ur- 
pose as those that have from time to time been given 
to the Lord Cornbury. ' 

And whereas it has been represented to us by sev- 
eral of the most considemble proprietoi*s of the Wes- 
tern division of that Province, that Thomas Revel & 
Daniel Leeds, two membei-s of Y' Majesty's said Coun 
cill for the said Division have been concerned in ar- 
biti'ary proceedings, which have rendered them unac- 
ceptable to the said Proprietoi*s, and thereby less able 
to serve Your Majesty in that Station. We therefore 
humbly offer that William Hall, and John Harrison, 
who have been recommended to us by the Siiid Pro- 
prietoi's as pei-sons fitly qualified to serve Your Ma- 
jesty, may be constituted membei-s of your Majesty's 
said Council, in the stead of the said Revel, and Leed's 
and that their names be accordingly inserted in the In- 
structions herewith humbly laid l)efore Your Majesty.' 
Which are most humb : submit*^ Stamford 

Herbert 
Whitehall Ph: Meadow 

May the :M'*M7us. Jn' Pultexev 



« See Vol. n., pp. 506— :>i(i 

' Request granted at a meeting of the Queen in Council, June 'J6th. 1708. N. 
y.Col. Doctn., Vol. v.. p. 115.— Ed. 



• t 



10 ADMINISTRATION OF LORD LOVELACE. [1708 



Meiuoria/ from Joseph Onnston ayainst the contiu- 
uaiice of Peter Soninans in the Council of New 
Jersey. 

I From P. R. O. B. T. NVw Jen*ey. Vol. 1. C. 80.1 

To the Lords Commissioners of Trade & the 

Plantations. 

The Memoriall of Joseph Ormston of London Marcht. 

Humbly Sheweth 

That he having receaved yesterday Information, 
that one Peter Sonmans was nominated of the Gov- 
ernore Conncill in the province of Nova Cesaria, or 
East & West New Jersey in America, he thought 
himselfe in duty bound to Lay before the Lords Com- 
mas the unfitnes of the s^ Peter Sonmans, to serve in 
that station for the reasons following and humbly to 
request that his name may not be put into the Com- 
mission, till the Lords Comm's are pleased to hear not 
only the proof of the following reasons, but also what 
he the s? Joseph hath further to offer against him — 

1!* He the s!* Peter, In joys no Land in either of the 
Divisions, but what he derives a right to, from his 
father Arent Sonmans, the purchaser thereof, who 
was an AUen, born in HoUand, and never natui-aUzed. 

2!* The Queen hath been pleased to AsvSert her Piv- 
rogative and to assume to her selfe the right of those 
Lands as being the estate of an Alien, of wliich she 
was further graciously pleased to give her gi-ant unto 
liim the s!* Joseph Ormston, and Rachell his wife ( a 
daughter of the s!* Arent Sonmans) in trust for the 
said Arent' 



' See NotleeH of the Sonmans family in ' ContribntionH to th»« Early Historj- of 
Perth Amboy," p. 75. 



170.S] ADMINISTRATION OF LORD LOVELACE. 311 

3? The said grant hath been published and acknowl- 
edged in the province afores^ and the people there 
have esteemed it good, tho the L? Combury for some 
reasons best known to himselfe, declined to act in pur- 
suance thereof — 

4? The s? Joseph doth humbly Conceive that appoint- 
ing the s? Peter of the Governors Councill, will be 
deemed a Recognizing of his the s? Peters right, in 
manifest prejudice of the Queens right, who hath been 
pleased to grant as above, all Lands possest by the 
s? Peter, in right of his father — 

5? The s'^ Joseph also Conceives, & in all humiUty 
mentions, that it will appear to be an Inconsistency in 
the Queens proceeding first to grant the Lands possest 
by the s? Peter to another, and afterwards to appoint 
him of the Grovernors Councill for which he cannot be 
quahfyed, Except he is an Eminent Landholder there. 

6f The s? Peter can be deemed no other than an 
Itinerant pei'son, and no Inhabitant of the province 
his wife and family having ever since his going Over, 
Lived in Cheeswick in the Count v of Midd'x where 
they still continue. 

Lastly —The s!* Peter is a man very unacceptable to 
the Counti-ey as doth appear by sevemll remonstrances 
of the Assembly of the Province to the L** Combury, 
printed Copys whereof are ready to be produced and 
the Inhabitants will hoi»e for so nmch bounty and 
goodness from the Queen, as that a pei*son so ill quali- 
fyed for other reasons also, should not be appointed of 
the Ciovernoi-s Councill, and Consequently a Judge 
over them- - 

Joseph Ormston 
June 4" 170S. 



[A few days subsequently (received June 18) 



312 ADMIN'ISTRATIOX OF LORD LOVELACE. fl<08 



he submittted another Memorial as fol- 
lows:] 

That he conceives to have made sufficiently appear 
that the Majority of the Prop's i-esiding in & about 
London, did not sign peter Sonmans his Comm" so 
consequently void, by Mr Dockwi-as 

That such Prop's were acknowledged to be such by 
s? Dockwra, and for a more Clear view of the case, 
the s? Joseph refen^es to the Annexed paper — 

That he hopes WiUiam Dockwra shall be accounted 
only a single prop', since he derives the other from 
P? Sonmans, who had no right to Convey, as appears 
by the Late Attorney Gtenlls report, who doth positive- 
ly declare the right to be in the Crown — 

That since the Ld Comm's are pleased to Exclude 
the daughters of Ai'ent Sonmans, tho it did appear they 
were recognized by all the prop's, by W™ Dockwra, 
& even Peter Sonmans himselfe, and tho they have 
the same evidences to produce for their light, as W"' 
Dockwra hath for his, and also the will of their de- 
ceased father (an authentick Copy whereof is in Sec'ry 
Boyles office) he the s'' Joseph doth hope that Peter 
Sonmans, shall not be i\djudged to give any vote in his 
own right, nor deemed qualify ed to be of the Councill, 
untill the Queen is pleased more fully to declare her 
mind, as to the Estates of the deceased Areiit Son- 
mans — 

The said Joseph doth with all iuimility hope, that 
the L^. Comm's will please to represent to the Queen, 
the unfitness of the s? Peter to serve in the Councill, 
y' because he doth not i-eside in the province, as doth 
iipi)ear page t»*!' of the reply from the house of rei)re- 
sentatives, and also that his wife and familv do still 
reside m Cheeswick Coun: Midd'x. 



i:o8] 



ADMIKI8TRAT10X OF LORD LOVELACE. 



313 



2"* He is a person very unacceptable to the people, 
as appears both from the remonstrance & reply of the 
house of Repi-esentatives, they having voted his Injoy 
ing a publick post in keeping the Records to be a 
grievance, and that he had no right to act as Receaver 
Gtenll of the Quit Rents, as appeare by s*l Reply page 

Joseph Ormston 



A List of the names of those that did sign 
Peter Sonmans his Commission [recced 
from Mr. Ormston, and Mr. Dockwra's ob- 
servations thereupon Rec'd 9th June 1708.] 



William Pen .... 

Clement Plumstead .... 

Thomas Barker 

Thomas Cooper-since sold out 

John Haddon, his propriety was actual- 
ly sold before his signing the Com" 1 
William Dockwra . 1 
D? in right of Peter Sonmans . 1 



Their Interest 
1: — 

i 



Of which \i is actually sold 



i 



I: 4 



4: 



A List of the Pi*opiietors names liesiding in 
and about Lcmdon that did not sign Peter 



314 ADMINISTRATION OF LORD LOVBLACE. [1708 



Sonmans his Commission [rec'd from Mr. 
Ormston and Mr. Dockwra's observations, 
thereupon] 

Their Interest 
or Shares 

S' Thomas Lane 
Paul Doekminique 
Robert Mitchill 
EJdward Richier 

Obadiah Burnett 
Michael Watts 
Joseph Brooksbark 
Thomas Skinner 

James Braine ) . 

Benjamin Braine s 

Walter Benthall, & Hon: Adderley i 

Thomas Hart . 1 : — 

Charles IXirster, in right of the Earle of 

perth i 

Joseph Wright & Joseph Ormston, for 

the 2 daughters of Arent Sonmans, 8 : { 

Joseph Ormston for David Lyell, by 

purchase .... i 

T>^ as Proxy for Edward AnthiQ & Miles 

foster 1: — 

D? as Proxy for George Willcockes . 1 : — 
D? as Administrator to Frances Han- 
cock, the widow of Arent Sonmans A 



Totall — Eleven proprietys & three qt" 11: } 



1708] ADMINISTRATION OF LORD LOVELACE. 315 

Mr Dockwra^ Observation upon a List of the 
Names of those that did Sign Peter Son- 
mans's Commission. 

He took notice that he had i a pro 
priety more then W Ormston had 
allowed him .... i 

That the Earl of Cromai'tjr did Sign / 

Mr Sonmans Commission, and i 

that he had then i of a Propriety S 

That Mr. Sonmans himself signed the 1 i. i 
said Comm"*:", & has 4 i proprietys ) * * 



5 Pro — 



Which 5 Proprieties being added to the 
5 — i in Mr Ormstons List make 
10 — ^ Proprietys 



Mf Dockwras Observations upon a List of the 
Prop? Names residing in and about Lon- 
don that did not sign Peter Sonmans his 
Ccraimission. 

As to the 10 tli-st Persons: M' Dockwrl' | 

sai(l, thev had but :i Proprieties, | . 

so that there is to be struck off ' ^ 

that Ai-ticle i a propriety i 

Thomas Hai^t, he said did actually | 

Sign Mr Sonmans Commission, ( . ^^ 
and therefore His Propriety ! 
ought also to be struck off. I 

(N.B. There was no proof to this AUegac'on) 

Charles Dunster he said was not in 

Town when the Comm"." was sign- i » 

(hI and therefore that i i)ropriety 
ought to be stiiick off 



316 ADMIXISTRATION OF LORD LOVELACE. [1708 



0: i 



(N. B. M' Ormston offered to prove to ye Contrary.) 

He said that David lyel had only the 
Ouit Rents, and not the Soil and 
tneref ore ye i Share placed upon 
his Accf ought also to be struck oflf 

Eki ward Antill, he said, was no Prop' 

and for Miles Foster had but i a I q. i 
Propf, and therefore one i ought ^ ' ^ 
to be struck off . . . 



3: • 
So that by this Accf of Mr DockwT there is three 
Shares to be cutt off from the 11 & f, So that there 
remain but 8 & f , from whence it appears that there 
was more Prop? that Signed for Mf Son mans than 
there were that did not. 



histractioiis to Lord Lovelace as Governor of New 

Jersey, 

|Fn>m P. R. O. B. T. New Jersey. Vol. 12. p. «V>.1 

Instructions for Our Right Trusty and Well- 
beloved, John Lord Lovelace, Baron of 
Hurley, Our Captain General and Grovernor 
in Chief, in and over Our Province of Nova 
CaBsaraea or New Jersey in America. 
Given at Oui* Court at Kensington, the 
27^^ day of June 1708, In the Seventh 
Year of Our Reign. 

1. With these om* Instructions, vou will receive 
Our Commission under Om* Great Seal of Great 
Britain, Constituting you Our Captain General and 
(xovernor in Chief of Our Province in New Jei-sey. ' 



> Bee page S98.— Kd. 



1708] ADMINISTRATION OF LORD LOVELACE. 317 

2. You are with aU convenient Speed to Repair to 
Our said Province, * and being there am ved, You are 
to take upon you the Execution of the Place and 
Trust We have reposed in you, and foi-th-with to Call 
together the following Pei-sons whom We do by these 
Presents Appoint and Constitute Members of Our 
Council, in and for that Province, viz^ Lewis Morris, 
Andrew Bowne, Francis Davenpoi-t, William Pinhom, 
George Deacon, William Sandford, Richard Townley, 
Daniel Cox, Roger Mompesson, Peter Sonmans, Hugh 
Hoddy, William Hall and Robert Quary, Esquires. 

* i> 'A- •::• * ^ 

[With some exceptions the Instmctions were like 
those issued to Lord Combury which may be found 
in Vol. II, pp 506-53H, and it is therefore thought un- 
necessary to insei-t them in fuU. In addition to some 
unimportant verbal altei'ations, the exceptions re- 
ferred to are as follows : 

Sections Nos. 15, !♦>, 22 & (55 of Lord Combmy's in- 
stiiictions ai-e omitted, and the following appear as 
additional sections, either modifying the purport of 
those omitted, or containing new matter. ] 

1 1 . And in the Choice and Nomination of the Mem- 
bers of Our Said Council, as also of the Chief Officers, 
Judges, Assistants, Justices and Sherriffs; You are 
always to take care, that they be Men of Grood Life 
and well Affected to Our Government, of good Es- 
tates and AbiUties, and not necessitous people or much 
in Debt. ♦ •' " * * * " 

14. And whereas We ai-e sensible that Effectual 
care ought to l)e taken to ObUge the Members of Our 
Council to a due attendance therein, in oitler to pre- 
vent the many Inconveniences that may hapi)en from 
the want of a Quomm of the Council to transact busi- 
ness as Occasion may require; It is Our Will and 



« Lord Lovelace arrived at New York, Dec. IHth. 1T08.-ED. 



318 ADMIS^ISTRA.TION' OF LOKD IX>VELKCE. [1708 

Pleasure, that if any of the Members of Our said 
Council shall hereafter wilfully absent themselves, 
when duly Summoned, without a just and LawfuD 
cause, and shall persist therein after Admonition, You 
suspend the said Covmsellors So absenting themselves 
till Our further Pleasure be known, giving Us timely 
notice thereof. And we hereby will and require you 
that this Our Royal Pleasure be Signifyed to the sev- 
eral Members of Our Council aforesaid. And that it be 
entred in the Covmcil Books of Our said Province as a 
Standing Rule. * * v^ * * 

16. Whereas in a Clause in Our Instructions to Our 
Right Trusty and Welbeloved Edward Lord Combiny 
the Representatives for the General Assembly of New 
Jersey were appointed to be chosen as follows. Viz^ 
two by the Inhabitants Householders of the City or 
Town of Perth- Amboy in East New Jersey, two by 
the Inhabitants Householders of the City and Town of 
Bridhngton in West New Jersey, Ten by the free- 
holders of East New Jei-sey, and ten by the Freehold- 
ers of West New Jersey; And it having been Repre- 
sented unto Us; that several Inconveniences have 
arisen from the manner of Choosing Representatives 
in Our said Province; It is Our Will and Pleasure, 
and you are accordingly to make the same known in 
the most publick Manner, that the Method of Choosing 
Representatives be for the future, as follows, Viz. two 
by the Inhabitants Householders of the City or town 
of Perth-Amboy in East New Jei'sey, and two by the 
Freeholdei's of Each of the five Counties of the said 
Division of East New Jersey; Two by the Inhabitants 
Householders of the City or Town of Bridlington in 
West New Jersey, two by the Inhabitants Household- 
ers of the town of Salem in the said Division, and two 
by the Freeholders of each of the four Counties in the 
said Division of West New Jersey; which persons, so 
to be Chosen, make up together the Number of twenty 
four Representatives, 



1708] ADMINISTRATION OF LORD LOVELACE. 319 

And it is Our further Will and Pleasure, that no 
Person shall be capable of being Elected a Representa- 
tive by the Freeholders of either Division as aforesaid, 
or afterwards of Sitting in Genei'al Assembhes, who 
shall not have one Thousand Acres of Land of an Es- 
tate of Freehold in his own Right, within the Division 
for which he shall be Chosen, or a Personal Estate in 
mony. Goods or Chattels to the Value of five Hundred 
pounds Sterling; And all Inhabitants of Our said 
Province, being so qualified as aforesaid are hereby 
declared Capable of being Elected accordingly. 

And it is likewise Our Pleasure, that no Freehold- 
er shall be capable of Voting in the Election of such 
Representatives who shall not have One Hundred 
Acres of Land, of an Estate of Freehold in his own 
Right, within the County for which he shall so vote, 
or a Personal Estate in raony. Goods, or Chattels to 
the Value of fifty pounds Sterling and all Freeholders 
in Our said Province being so qualif yed as aforesaid 
are hereby declared capable of Voting in the Election 
of Representatives; which Nmnber of Representatives 
shall not be Enlarged or diminished, or the maimer of 
Electing them (hereby directed) altered there other- 
wise than by an Act or Acts of the General Assembly, 
to be Confirmed by the Approbation of Us Our Heii-s 
and Successors. * "' - ''* * '* * 

1.^. And Our further Wiij. and Pleasure is, that 
in every Act which shall be transmitted; there be the 
seveial Dates or respective times when the same pass- 
ed the Assembly, the Council, and received your As- 
sent. And you are to be as jmrticular as may he in 
Your Observations (,to be sent to Our Commissioners 
of Ti-ade and Plantations) upon every Act, that is to 
say, whether the same is Introductive of a new Law, 
Declai^atory of a former Law, or does i^epeal a law 
then before in being. And you are likewise to send to 
(-)ur siiid t\>mmissi()ir' the reasons for passing of such 



320 ADMINISTRATION OF LORD L0VELA015. fl708 

Law, unless the same do fully appear in the Preamble 
of the said Act. ^ ^ ^ ^^ ^^ ^ 

21. You are also to take care that no private Act be 
passed, in which there is not a saving to the right of 
Us, Our Heirs & Successors, all bodies politick or Cor 
pbrate, and of all other Persons, Except such as are 
mentioned in the said Act. 

22. And whereas great Mischeifs may arise by pass- 
ing Bills of an unusual and Extraordinary Nature and 
Importance in the Plantations, which Bills remain in 
force there, from the time of Enacting, until Our 
pleasure be signify ed to the contraiy; We do hereby 
Will and require you not to pass or give Your consent 
to any Bill or Bills in the Assembly of Our said Prov- 
ince, of unusual and Extraordinary Natm^ and Im- 
portance wherein Our Prerogative, or property of Our 
Subjects may be prejudiced, without having either 
first Transmittted imto Us the Draught of Such a Bill 
or Bills; And Our having Signify ed Our Royal Pleas- 
ure thejreupon, or that you take care in the passing of 
any Act, of an Unusual and Extraordinarj^ Nature, 
that there be a Clause inserted therein, Susi)ending 
and deferring the Execution thereof until Our Pleasure 
be known concerning the said Act; to the end ourPre- 
i-ogative may not Suffer, and that Our Subjects may 
not have reason to Complain of hardships put upon 
them on the like Occasions. * * %f * 

24. Whereas We have been inform'd that Intelli- 
gence has been had in France of the state of Our Plan- 
tations by Letters from Private Persons to their Coi'- 
respondents in Great Britain, taken on Boards Ships 
Coming from the Plantations, and carryed into France, 
which may be of Dangerous Consequence, if not pre- 
vented, for the future Our Will & Pleasure is, 
that you Signify to all Merchants, Planters and otliers 
that they be very Cautious in giving any account by 
Lettei's, of the Publick State and Condition of Our said 



1708] ADMINISTRATION OF LORD LOVELACE. 321 

Province of New Jersey; And you ai-e further to give 
directions to all Masters of Ships or other persons to 
whom you may intrust your Letters, that they put 
such Letters in a bag with a Sufficient weight to sink 
the same Immediately, in Case of Imminent Danger 
from the Enemy. And you are also to let the Mer- 
chants and Planters know, how greatly it is for their 
Interest, that their Letter should not fall into the 
hands of the Enemy ; And therefore that they should 
give the like Ordere to the Masters of Ships in rela- 
tion to their Lettei-s. And You are further to advise 
all Masters of Ships, that they do sink all Letters in 
Case of Danger, in the maimer before mentioned. 

25. And whereas in the late War, the Merchants 
and plantei*s in the West Indies did correspond and 
Trade with the French, and carry Intelligence to them 
to the great prejudice and hazard of the Enghsh Plan- 
tations, You are therefore by all jwssible Methods to 
endeavour to hinder all such Trade and Cori'espondence 
with the Fi-ench, whose sti-ength in the West Indies 
gives very just apprehensions of the Mischiefs that 
may Ensue, if the Utmost Caiv be not taken to pre- 
vent them. 

2f). Whereas an Act was past tliis last Session of 
ParUament, iu the ♦»'" and 7? Years of Our Reign 1 70S 
Entituled, An Acf for the Enconnujevient of the 
Trade to America, A Copy whereof will be hei*ew*'' 
deU vered to you ; You aiv to take cave that the same 
\ye duly coniplyed witli. -^ * *- ""' ^* 

28. And whereas Sevei-al inconveniencies have 
arisen to Oui* (xovernments in the Plantations, bv 
(lifts and Presents made to Our Govern()ui*s by th(» 
General Assembhes; You are therefoi'e to propose unto 
the said General Assembly and use your utmost endeav- 
oui-s with them : that an Act be passed for mising and 
setling a publick revenue for defraying the necessary 
Charge of the Government of Our said Province, And 
21 



3*22 ADMIXIiSTRATIOX OF LORD LOVELACE. [1708 

tliat therein Provision be particulai'ly made for a Com- 
petent Salary to your Self, as Captain Gener! and 
Governor in Chief of Our said Province, and to other 
Our Succeeding Captains General, for Supporting the 
Dignity of the said Office; as likewise due Provision 
for the Contingent Charges of Our Council and As- 
sembly, and for the Salaries of the respective Clerks 
and other Officers thereunto belonging, as likewise of 
all other Officers, necessary for the Administration of 
that Government. And when such Revenue shall so 
have been Settled, and provision made as aforesaid, 
then Our Express Will and Pleasure is, that neither 
you Our Governor nor any Governor, Leivten' Gov- 
ernor, Commander in Chief or Pi-esident of Our Coun- 
cil of Our said Province of New Jersey for the time 
teing, do give your or their consent to the passing any 
Law or Act for any Gift or Present to be made to You 
or them by the Assembly; and that neither You nor 
they do receive any Gift or Present from the Assembly 
or others, on any Account, or in any manner whatso- 
ever, upon pain of Our Highest displeasm^e and of be- 
ing recalled from that Om* Governm' 

2iK And We do further direct and require this decla- 
ration of Our Royall will and Pleasui*e be Communi- 
<ated to the Assembly at their fii-st meeting, after your 
Arrival in Our said Province, and Enteral into the 
Register of Our Council and Assembly, that all per- 
sons whom it may concern may Govern thimiselves 

accordingly. * -Jf * :: -::• -:: :r 

58. But in regard we have been Informed tliat there 
is a gieat want of a particular Court for determining 
of small Causes, You are to ivcommend it to th(» As- 
sembly of Our said Province, that a iaw^ be passed for 
the (Constituting such Court or Courts for the ease of 
Our Subjects there. And you are from time to time 
to transmit to Our said Conmiissioners for Trade and 
Plantations an Exact Account of what Causes shall be 



1708] ADMINISTRAtlON OF LORD LOVELACE. 323 

determined, what shall be then depending, As Ukewise 
an Abstract of all Proceedings in the Several Courts of 
Justice within your said Govemmen* * '-^ 

01. Whereas great Inconveniences do happen by 
Merchant Ships and other Vessels in the Plantations, 
wearing the Colours born by Our Ships of War, under 
Pretence of Commissions Granted to them by the 
Governors of the said Plantations, and that by Trading 
under these Colours, not only 

amongst Om- own Subjects, but 

also those of other Princes and ! 

States, and Committing divers 
Irregularities, they do very much 
dishonom* Our Service; For pre- 
vention whereof You are to flag. 
Oblige the Commanders of all 
such Ships, to which you shall 

Grant Commissions, to wear no ,' ^ 

other Jack than According to the 

Sample here described, that is to 

say, such as is worn by Our Ships of Wai\ \vith the 

distinction of a White Escutcheon in the Middle 

thereof; and that the said mark of distinction mav 

extend itself to the One half of the Depth of the Jack, 

and One Third of the fly thereof. 



Cfpmmunication from th4f Lords of Trade to Lord 
IjOveJace, Governor of New Jersey, 

[From New York Col I)u<ls.. Vol. V., p. 40. | 

To the Right Honourable the Lord Lovelace. 

My Ijoru, 

Notwithstanding Her Majestys Instiiictions to Youi* 
lordship thei'e ai-e Severall other particulai-s relating 



324 ADMINISTKATIOX OF LORD LOVKLACK. [1T08 

to Your (xovernmeut of New Jersey, which we think 
oui-selves Obliged to take notice of to Your Lords^ 

The Lord (Nirnbury having had some Doubts m re- 
lation to Fines, Forfeitures & Escheats, and to the 
Appointing of a Ranger of the Woods; We consulted 
Her Majesty's then Attorney Greneral thereupon; And 
inclose a copy of his Report for Your Lord^" better in- 
formation and Guidance in those matters. 

Having received from the Lord Cornbury sevei-al 
Acts past in New Jersey in November 1 704, We con- 
sidered the same and transmitted to his Lord'* our ob- 
servations thei'eupon, that he might lay those Observa- 
tions before the Assembly for their consideration & 
amendment of the said Acts, before we presented 
them to her Majesty for her Confirmation. But not 
having received any Answer from the Lord Cornbury, 
We think it necessaiy to i-epeat our fore-mentioned 
Observations to Your Lord** that ui)on your arrival in 
New Jersey you may consult the Assembly and give 
us further light in that matter. 

The Act for Setthng the Militia, in the last proviso 
but one. Enacts that the sums of money thereby to 
be levied, are to be paid into the hands of the Receiver 
Geneml, or Secretary, or such other person as the 
Gov!" under his hand shall appoint; And the money to 
be applied also to such public Uses as the Ciovernoi- 
shall direct; Whereas we think that Publick Moneys 
ought only to be paid into the hands of the Receiver 
General, and the Uses to which it ought to be api)lied 
for ye Support of ye Goveninient shouM be expressed 
in the Act, and not left at large as it is in this: Wiiich 
we desire Your Lord'* thei*efore to be Mindful of fortht: 
future. 

Tho' the Design of the Act for Tniting and (piieting 
the minds of all Her Majesty's Subjects in New Jersf^y 
be very good. Yet thei-e are some clauses in the Act, 
which render it unfit for her Majesty's Royal Confirm- 



1708] ADMrXrsTRATIOX OF LORD LOVELACE. 325 

ation, viz^ Tliat it pardons (amongst other Crimes) all 
High Treasons, Murders and Piracy, committed be- 
fore the 18*1' of August 1702; whereas her Majesty has 
Reserved to hei-self, by Her Instructions to you, the 
Pardoning of those Crimes; which Crimes are always 
Excepted in Acts of the hke nature here; and there- 
foi'e We Desire Your Lord'' to endeavour to get tliis 
amended in Another Ac^t to be passed for the like pur- 
pose. 

We have no other Objection to the Act for Altering 
the Present Constitution and Regulating the Election 
of Representatives, &". But that it does not Regulate 
the Quantity of acres necessary to qualify persons to 
Elect or be Elected Representatives in the General As- 
sembly; Your Lord'' will see by her Majesty's Instiiic- 
tions what is intended upon that Mattel-, viz' That 
1000 Acres of Land or £500 Personal Estate should 
qualify pei-sons to be Elected; and that 100 acres of 
Land and £oO personal Estate, shou'd qualify to Ik* 
Electors: But if Your Lord'' find this Regulation too 
high, you may endeavour to get a new Act passed, for 
Proportioning that Matter otherwise. In the mean- 
time this Act will remain in foi'ce, without being con- 
firmed by her Majesty; And Your Lord'' will make a 
suitable use of your Instnictions in that behalf. 

We must Desire Your Lord'' upon transmitting [the 
laws] that you l)e particular in giving us Your opinion 
u[)on each respective Act, togethf>r with thf^ 
Reasons for passing the same, in such manner as you 
are required by Your Instructions. 

A complaint having been made by the Proprietoi-s 
of th(» Westeni Division, that the Lord Combuiy had 
caused their late S(*cretary to deliver all public Books, 
Papei-s and Records to Mr. Bass Secretaiy of the Prov- 
ince, and that their Records of Dee^ls had been carried 
out of the Province, which may be of great prejudice 
to th(» said Proprietors, We are of opinion (and ac- 



SiG ADMtNIStRATtON OF LORD LOVELACE. [1708 

cordingly signify ed the same to the Lord Combury) 
that all Books and Papers, Deeds and 'Evidences re- 
lating to the Proprietorehip of the soil, be not taken 
out of the hands of the Proprietors Agents; and there- 
fore if this be not remedied, Your Lord^' will do well to 
give Dii-ections therein. 

The Lord Cornbury having informed us, that an 
opinion had lately been stai-ted in his Governments 
viz^ If he send any orders to New Jersey, relating to 
the affairs of that Province, whilst he is resident at 
New York, they are of no force and so the same of 
his sending orders from New Jersey to New York; 
We think it necessary to acquaint Your Lord'' that it 
is a very trifling and Extravagant Opinion the Con- 
trary being practised every day here by the Lords 
Lieutenants of Counties; and particularly by the 
Lords Lieutenants of L^land, who frequently send 
Orders into Ireland, whilst they are Resident in this 
Kingdom. ****** 

The Lord Combury having transmitted to us, a Re- 
monstrance from the Assembly of New Jersey to him, 
with his Answer, thereunto (a Copy whereof is here 
inclosed) We have considered the same, and have made 
the following Observations thereupon, which we think 
necessary to communicate to Your Lordship. 

The First Article. It appeai-s evidently by the 
Lord Combury 's Commission that he has no power to 
pardon Treason and Wilful Murder; But in such cases 
he is allowed to gi'ant Reprieves to the offendei-s untill 
and to the Intent Her Majisty's Royall Pleasing may 
l)e known thei-ein. In order thereunto he is with all 
convenient Si>eed, to Transmit to Her Majesty a full 
State of the matter of fact relating to such Oflfendere, 
which we do not find that the Lord Combury has 
done. Upon this Occasion We must take notice 
to Your Lordship that the want of Prisons in New 
Jei-sey is a matter proper to be laid before the General 



1708] ADMINISTRATION OF LORD LOVELACE. 32T 

Assembly: Your Lord^ will therefore Represent 
them the necessity of having such prisons Built, that 
they may gmnt a sufficient Fund, which may he aj)- 
propriated to that Service. 

The Second Ai-ticle. As to the complaint of paying 
the Fees of Court, tho' the bill of Indictment be not 
foimd by the Grand Jury. We are of opinion that the 
Person accused not being properly in Court, till ar- 
raigned before the Petty Jury, no fees till then can 
be demanded. 

The Third Article. Tis tme that the Probate of 
WiUs and Granting of Letters of Administration, is by 
Her Majesty, entrusted with the Governor; Yet we 
do not see that the settling such an Office in each Di- 
vision in New Jei-sey, as proposed by the Remonstrance 
for the Ease of Her Majesty's Subjects there will be a 
leasning of the Rights of the Prerogative, or of the 
Governor 

The Fifth Article. We are of Opinion, Notwith- 
standing the Lord Cornbury's Answer to the Remon- 
strance, that such a Patent for the Sole carting of 
GDods, as is therein mentioned, is a Monopoly, with- 
in the 21*;^ Jac: r.' Cap. H?. 

The Sixth Article. We are also of Opinion that no 
fee is lawful, unless it be Warranted by Prescription, 
or Ei'ected by the Legislature, as was adjudged in Par- 
liament in the 13*'' Hen 4"* in the Case of the Office 
then Erected, for measurage of Cloths and Canvass. 
Vid. Cook's 2: Inst: fol. 533, 5U. We are, my Loixi, 
Your Loi-d^" most humble Servants 

Herbert 
Ph. Meadows 
Jn. Pulteney 
Ch. Turner 
Whitehal 
June the 2S'^ 1708. 



328 ADMINISTRATION OF LORD LOVELACE. [1708 



Letter from the Earl of Sunderland to the Lords of 
Trade, relating to the desire of the New Jersey 
Company that Mr. Morris may be of the Council of 
that Province, 

rFrom p. R. O. B. T. New Jersey, Vol. 1. C. 42.) 

Whithall 29^^ June 1708 

My Lords and Gentlemen 

My Lord Lovelace having intimated to me that the 
New Jersey Company desire that Mr Lewis Morris may 
be of the Coimcil in that Plantation instead of either 
M' Cox or Mr. Sonmans, I desire you will let me have 
your Opinion thereon that I may lay the Same before 
Her Ma*^ I am 

My Lords and Gentlemen 
Your most humble 
Sei'vant 

Sunderland 
Comicil of Trade 



Letter from the Lords of Trade to the Earl of Snuder- 
land, in answer to tlie foregoing. 

[From P. R. O. B. T. New Jersey, Vol. 12, p. 4«».J 

To the Right Honourable the Earl of Sunder- 
land. 

My Ij)rd, 

In answer to Your Lordships Letter of the 29V* of 
June relating to the desire of the New Jei-sey Com- 
pany, that M! Lewis Morris may be of the Council 



1708] ADMINISTRATION OF LORD LOVELACE. 329 

there, instead either of M' Cox or M' Sonmans. We 
must acquaint Your Lordship, that We have no Ob- 
jection to the said Mr Morris being restored to his 
Place and Precedency in the said Council from which 
he has been suspended by the Lord Combury: But We 
are apprehensive, some Inconvenience may Insue upon 
the displacing of either Mr Cox or M*^ Sonmans, some 
time since appointed Members of the said Council by 
Her Majesty, and therefore are of Opinion that they 
be continued, and that M' John Harrison who is the 
Last of those We had proposed by Our Representa- 
tion to Her Majesty, of the 31'* of May last for that 
Council, be left out to make Room for the said Morris, 
We are, My Lord 

Your Lordship's Most Humble Servants, 
Whitehal Herbert. 

July the 1*:' 170S. Ph: Meadows. 

J: Pulteney. 

Cha: Turner. 



Report from the Commissioners of the Customs to the 
Lord Treasurer, on the Memorial of John Kehle. 

I From P. R. O. B. T. New Jeraey. Vol. 1, C. 48.) 

Report on the Petition of Mr. Keble.* 

May it please your Lord*'. 

In ol)edience to your Loi-d'" Commands Signified to 
us l)y M' Lowndes on the Annexed Petition of John 
Keble of West Jei-sey adjoyning to Pensilvania Merch* 



' Keble had petitioned for a patent for the manufacture of Potash in New Jeraey. 
on tlie recouiuiendation of William Penn and otherm anil the certiflcateH of MMtp 
malcent in London us tu the \nnA <|uality of the article nianufactureil. nee page* 
3O4-30B.— Kd. 



330 ADMINISTRATION OF LORD LOVELACE. [1708 

Setting forth That about 8 Years past he went over to 
Pensilvania and there purchased a certain tract of 
Land, whereon he planted Tobacco, Indian-Corn, and 
made Pottash, but it so happened .that both himself & 
Servants fell sick of the Seasonings, whereby he Lost 
severall of . his Servants, and all his hoped for Crop, 
which Loss (by reason of his great expence) he could 
not againe retreive Yet by the Kind assistance of a 
few Friends on the place he made some further pro- 
gress in the Pott-ash work, and brought it to Such per- 
fection as to be approved by the Soap-boylers in Lon- 
don who used a small quantity thereof, as may be fair- 
ly attested, Afterwards a gi-eater Cargo coming over, it 
was unfortunately taken by the French to the very 
great prejudice of the Petition' and has disabled him 
in the progress of So hopeful an undertaking, Likely 
to prove very beneficiall to the Pubhck 

Humbly praying yo^ Lord^' favoui'able i^ecomenda- 
tion to the Lords Comm" for Plantations, that he may 
have such Encourag""* as they shall judge meet. 

Wee do humbly Report to yo- Lord? That Wee have 
upon this Occasion caused an Accornpt to be drawn 
out (by the Inspector Generall of the Exports and Im- 
ports, of Pott-ashes and Pearle ashes Imported into 
this Kingdom from the East Country and other For- 
eigne parts in Three Years time between Christmas 
1708 and Chiistmas 17^6, with an Estimate of their 
values, And for your Lord*!* more pai'ticular Informa- 
tion Wee have hereunto Annexed the said Accompt 
Wee do further humbly acquaint your LordP That the 
Petition!: liath produced before us, some Certificates 
and Papers tending to prove, That part of his allega- 
tions. That the Pott-ashes which he made in her MaV* 
Plantations were approved by the Soap-Boy lere in Lon- 
don, And that he is Capable of making a further Pro- 
gress in this his undertaking And Wee are Humbly of 
Opinion, That if the manufacture of Potashes can be 



1708] ADMINISTRATION OF LORD LOVELACE. 331 

Brought to perfection in the Plantations, it will be a 
usefull Trade, And of Pubhck benefitt to this King- 
dome. 

Which is humbly Submitted to yo^ Lord*!" Con- 
sideration, 

Sam Clarke 
Custome house London T: Newport 

I** July 1708 Jo: Werdenn 

N. Duelley J. Stapley. 



Complaint of John Barclay at the non'recognition 
of his Commission as Receiver General. 

rFrom N. Y. Col. BISS. Vol. IV., p. 117.) 

The Case of John Barclay. 

In the year 1704 John Barclay Esq' was by the Pro- 
prietor of the Eastern Devision of New Jersey Com- 
missionated Reciever Genii of theii* Quitt Rents &c: 
And on the 17? of June In s* yeare My Lord Cornbury 
then Govern' of s** Province Issued out a Proclamation 
re*j|uiring all Justices of the peace Sheriffs ifec to be 
aiding and Assisting to him In the Execution of his 
8** office on y' 24^*' of August 1705 Peter Sonmans Esq' 
produced before my Lord Cornbury & CounciU A 
C^omission from severall of the Proprietors Residing In 
& about London Appoynting him their Agent & Re- 
ciever Genii: of their Quitt Rents &c on which Procla- 
mation was Issued out on behalf e of s' Sonmans &c. 
In which Comission of s' Sonmans it was Expresely 
provided that any pei-son producing an other Comis- 
sion under the hands & seals of five peisons who are 
or shall be Proprietors of part of the s' Elastern Devi- 
sion and who shall Reside In or near London before 
y' (lover: & Councill of s' Province for the time being 
then s' Comission of s' Sonmans should thereafter be 
utterly voy'd to all Intents & pm^wses whatsoever. 



332 ADMINISTRATION OF LORD LOVELACE. [1708 

On the 7'*' of November 1707 the Afores** John Bar- 
clay produced before My Lord Combuiy then Grovern : 
of s'^ Province & Coiincill A Coniission for Reciever 
Gtenr: of s'' Proprietors Qnitt Rents &c: signed in Lon- 
don the 10*^ of May 1706 under the Ijands and seals of 
tenn of y* Proprietor of part of s'' Devision of s'* Pro- 
vince Residing In or near London which vacated M' 
Sonmans s*' Coraission but Mr. Barclays s*' Comissioii 
was most unjustly and Maliciously kept & retained 
from him by My Lord Combury & Councill as Ap- 
peares by ye Coppie of ye order of Councill hereunto 
annexed, whereby he has been & still is kept out of s' 
office to his great Loss and Damage notwithstanding 
Also that Mr. Barclays first Comission was under the 
hands and seals of A greater Number of Proprietors 
than Mr. Sonmans s*" Comission was. 



^ 




A Coppie of the Order of Council. 

November 7'^ 17<>7. 
At a Council held at Perth Amboy Present — His 
Excellency Edward Viscount Combury Capt. Genii: 
& Govemour, His Honour the Lent: Governour. 

William Pinhome 
Roger Mumplesson 
CoU DanU Cox 
WiU Sandford 
Col: Robert Quarrie 

Mr. Barclay Acquainting this boai-d that he liad re- 
ceived an Instiiiment Sealed from the Proprietoi-s of 




> For notice of John Barclay flee Vol. H, p. 81. 



1708] ADMINISTRATION OF LORD LOVELACE. 333 

the Easterne Devision of this Province to be their Re- 
ceiver Genii: and desired that he might be QuaUfied as 
such & deUvering the s*^ Paper Into the board he with 
drew, ordered that the s' Instrument be transmitted 
home to England and laid before Her Majestie. 

J. Bass. 



Ijctter from Lord Cornbitn/ to the Lords of Trade, 
about Emigration from New York into Neir 
Jersey. 

(From N. Y. Col: Doc'te, Vol. V., p. 50.J 

To the Right Hon^** The Lords Commiss" for 

Trade & Plantations. 

[Extract. ] 

My lA>rds, 

* -jf * Two sorts of people remove out of this 
Grovemm' into the neighboring Provinces, the first are 
trading men, of these but few are removed since I 
(^me hither; The other sort are Husbandmen, Of this 
sort many are Removed lately, especially from King's 
County on I^ong Island; And the reasons why they re- 
move are of two kinds: The fii-st is because King's 
County is but small and full of people, so as the young 
l)eoi)le grow up, they are forced to seek land f luiiher 
off, to settle ui>on; The land in the Eastern Division 
of New Jersey is good, and not very far from King's 
C-ounty, there is only a bay to crosse: The other reason 
that induces them to remove into New Jei-sey is be- 
cause there they pay no taxes, nor no duties; The most 
effectual way to prevent the Removal of tlie first sort 
of i)eoi)le, would be to bring all the Colonies and Plan- 
tations upon the Continent of America under the same 
Duties and Customs, for goods Imported and Exported. 



334 ADMINISTRATION OF LORD LOVELACE. [1708 

If this were once settled the tradmg Men wou'd then 
consider which is the healthiest, pleasentest, and most 
convenient place for Trade; whereas now the Chief 
Consideration is, where the least duties are paid; of 
this we have had several instances lately: since the 
French destroyed Nevis several families have removed 
from that Island, with intent to settle in this place, but 
when they found what Duties people have paid, and 
do pay here, and that at Philadelphia they pay none at 
all, they remove thither. As for Husbandmen, I can't 
see how they can be hindered from removing out of 
one province into the other. * * * * 

My Lords 

Your Lordshipps most 
faithfull humble servant 
New York Cornbury 

July the V 1708 



Ijetter from Lord Cornbury to the Lords of Trade, 

about Neu^ ^Jersey affairs. 

( FYom P. R. O. B. T. New Jersey. Vol. 1, C. 52. | 

Letter from the Lord Cornbury Grovernor of 
New Jersey. Rec'd 3** Novem"" 1 708 

New York July the 1"^ 1 708. 

My lA)rds 

I was fauoured with your Lordshipp's letter of the 
7'!' of May 1707 relating to New Jei*sey on the 2.*)^'' of 
June last at Shrewsbury in the Eastern Division of 
New Jersey from whence I i*eturned to this Place on 
the 28**", at my arriuall here I was informed that a Ship 
would be re^ady to sail in few days directly for Bristol 1, 
which opportunity I was glad to embrace to acknowl- 
edge the reciet of these lettei-s which are the first 1 



ir08] ADMINISTRATION' OF LORD LOVELACE. 335 

had the honour to recieue from your Lordshipps since 
the Queen has been pleased to renew her Commission, 
of which I beg leave to wish your Loi-dshipps much 
Joy. 

Your Lordshipps are pleased to Inform me that it is 
her Majesty's pleasiue, and Expresse Command, that 
the Grouvernors of all forriegn Plantations, doe from 
time to time, giue unto you frequent and full Infor- 
mation of the State and Condition of their respective 
Goverments and Plantations &c. In all these things 
I shall endeavour to obserue her Maiesty's Commands 
punctually, as soon as time can possibly allow it, but 
some of the things your Lordshipps are pleased to 
require of me, will take some time to transcribe, how- 
ever it shall be done as fast as possible; In the mean 
time I will give you satisfaction in the Question's you 
ask me as farr as the short time this Ship will allow 
me will permit; I am concerned to find by your Letter 
that there are not in your Office any Minutes of Coun- 
cill or Assembly since my coming to the Grouuernment 
of New Jersey, because I did two yeai*s agoe send your 
Lordshipps the Minutes of Councill to that time, and I 
have constantly sent the Minutes of Assembly by the 
first opportunity after each Sessions, and I hope M' 
Popple may find them among his papers, as for the 
accounts of the Reuenue they have not been sent 
because the Deputy Auditor has refused to Audit 
them, the Queen has had no Reuenue in the Prouince 
of New Jersey only for two yeai's, since they were 
expired, the Assembly by the under hand practises of 
M' Lewis Morris, and severall of the Quakei's, one 
Doctor Johnson, and some others, have been preuailed 
upon not to give t\u' Queen any Reuenue, and I am of 
opinion that as long as the Queen is pleased to allow 
the Quakei-s to sit in the Assembly, they never will 
settle a Reuenue, noi* a Millitia, I will by the fu-st 
opportunity send your Lordshipps an exact Transciipt 



336 ADMINISTRATION OF LORD LOVELACE. [1708 

of the Accounts of the Reuenue for those two years 
whether the Deputy Auditor will Audit them or not. 
I here send you Inclosed a List of the present Councill, 
and Ukewise a List of such persons as by their Cir- 
cumstances are in my Judgment proper to fill any 
Vacancy that may happen in the Councill. About 
two years and a half agoe I did transmit compleat 
Lists of the Inhabitants of each Countiy in the Prou- 
ince of New Jersey, the Sherriffs are now making new 
Lists which shall be transmitted to your Lordshipps by 
the first opportunity. The numbers of Inhabitants of 
New Jersey are considerably increased by the reasons 
I have offered you in my letter relating to New York, 
to which I beg leaue to referr. None of the Inhabi- 
tants of New Jersey remoue into the Neighbouring 
OoUonys. The MiUitia of New Jersey will amount to 
about two thousand three hundred Men besides the 
Quakers, but of this you shall have compleat Lists by 
the first opportunity. Nothing is exported from the 
Prouince of New Jersey to England; Neither has the 
Prouince of New Jersey any trade with any other 
place, except the neighbouring Pi-ouinces of New 
York, and Pensiluania, the Eastern Diuision bring 
their grain of all sorts to New York, and their sheej) 
&c, the Western Diuision carry all their produce to 
Philadelphia the Western Division has not one Vessel 1 
belonging to it; the last year some of the Inhabitants 
of the Eastern Diuision, built a sloop and fitted her 
out to sea, she has made one Voyage to Barbados, and 
that is all the Vessels that belong to the Eastern 
Diuision, except Wood boats that bring fire wood and 
pipe staues to New York, the Prouince of New Jersey 
is furnished with European goods thus, the Kastern 
Diuision from New York, the Western Diuision from 
Philadelphia. The Province of New Jersey has noe 
Trade but as above mentioned. There have sometimes 
Goods been Run into the Eastern Diuision by Vessels 



1708] ADMINISTRATION OF LORD LOVELAf K. 33T 

bound to New York, but it is now pretty well known 
by the Men of Wan- lying at Sandy Hook, and there 
is an Officer at Aniboy, there have likewise goods been 
nin on shoar in the Western Diuision by Vassels bound 
up the River Delawaiv to Philadelphia, Collonell 
Quary has appointed an Officer at Burlington and one 
at Salem, I hope their delUgence will in a great meas- 
ure preuent Illegall Trade on that side. There is noe 
shipping belonging to New Jersey except as is men- 
tioned on the other side; Neither is there any seafaring 
Men, unlesse the Men that goe in the wood boats may 
be called such. There have been three or four sloops 
and one Briganteen built at Woodbridge in the Eastern 
Diuision since I came to the Gouverament of New 
Jersey, and one Briganteen and one sloop have been 
built at Burlington in the Western Diuision. In New 
Jereey they make good linnen for common Use and 
they begin to make woolen stuffs. I have offei*ed my 
thoughts to your Lordshipps concerning the latter of 
these. In my letter concerning the Prouince of New 
York, to which I beg leaue to referr,' thus I have 
endeauoured to answer the Queries contained in your 
Lordshipp's letter as well as the shortnesse of time this 
Ship allows me, I will take care by the next to supply 
what may be wanting in this. 

Your Lordshipps are pleased to command me to Add 
whatever else I think conducive to hei' Maiesty's ser- 
uice, to the Interest of England, to the Aduantage of 
that perticular Prouince, and to your assistance in the 
discharge of the Trust reposed in your Lordshipps. 
Many things may be offeied under these directions. 



' Tlie reference waH an follows: "The Manufactures settle<l in this Province are 
Linen and Woolen; they make veryprood Liunen for common use. and I don't doubt 
but in time they will improve that conwidembly : an for the Woollen, I think they 
have brought that Utfuvtit perfe<*tion already ; they already make very good Serges, 
Linsey Wolsey, and in Kome place8 they begin to uiakeeoarae cloth, and without 
doubt in a sliurt time they will not want the AKsiHtancf of Knglaiid tn Cloth thcni- 
selves. "—X. Y. CV>1. I)oct., Vol. V.. p. .V.K— Kd. 



338 ADMIKISTRATION OF LORD LOVELACE. [1708 

but I dare not uenture to doe it off hand, but by the 
next I will endeauour to offer such things to your 
Lordshipps as may be proper upon this subiect. In 
the mean time I think it my Duty to lay some matters 
before you for your consideration, which I think uery 
much for her Maiesty's seiniice, tor the Interest of 
England, and indeed for the Advantage of that par- 
ticular Province, if the People could be persuaded to 
understand things right; the first thing is the MiUtia, 
but hauing mentioned that in my letter concerning 
New York, I shall say no more of it in this, only that 
the Queen must not expect a Militia Act to be past, as 
long as the Quakers are allowed to sit in the Assem- 
bly. The next thing I shall offer to your Lordshipps 
considerations is that some method may be directed to 
enquire into the quallifications of Members retiuned to 
serue in the Generall Assembly, Her Maiesty is pleased 
in her Instructions to me to direct how people shall be 
quallified to chuse, and to be chosen, and that noe 
person though chosen, shall be suffered to sit unlesse 
soe quaUified, the late Lords of Trade and Plantations 
upon a complaint made to them that I kept three 
Quakers out of the Assembly (which was done by 
Aduice of the Councill, and only till they shewed then* 
qualhfic^tions) were pleased to direct me for the future 
not to intermeddle with the qualhfications of the Mem- 
bers of the Asvsembly but to leaue that matter to the 
House in obedience to their Lordshipps commands, 
I have not Intermedeled since that time, the conse- 
quence has been this, that upon the last Election in 
some places they chose some pei^sons who are not 
qualified according to her Majesty'.^ Instractions, in the 
Eastern Diuision they chose one pei*son who has not a 
foot of Land in the Prouince, nor does not Inhabit in 
the Prouince, but because he is a forward Man, and 
promised them that if he were chosen he would not 
consent to the giuing a Reuenue to the Queen, they 
ohose him, and the House have suffered him to sit 



1708] ADMINISTRATION OF LORD LOVELACE. 33U 

notwithstanding that euery Member of the House 
knows he is not qualified; there are more of the same 
sort, and it will always be soe, unlesse Her Maiesty is 
pleased to appoint some Method to inquire into the 
qualifications of persons returned to senie in the As- 
sembly, other than the House themselves. These 
things I intreat your Lordshipps consideration off. 

Your Lordshipps are pleased to signifie to me that 
an Act of Parliament is passed for a perfect and intire 
Union of the two Kingdoms of England and Scotland, 
and you are pleased to say that you send me two of 
the said Acts that it may be pubhshed in the most 
solemn manner in the Prouince of New Jeraey &c, I 
take the liberty to acquaint your Lordshipps that I 
have not receiued any such Acts, but hauing procured 
one from the Attorney Generall of New York, I will 
take cai'e to publish it in the most solemn manner pos- 
sible. 

I am ueiy much concerned that your Lordshipps 
have not receiued my Letter i-elating to M' Ormston 
and M' Sonmans, because besides that which 1 sent by 
the way of the West Indies, I sent a Duplicate by the 
way of Boston, and another by the way of Philadel- 
phia I hope some of them have reached your hands 
before this time, however I now send another dupli- 
cate of the same; and I don't at all question your 
Lordshipps Justice to me. I hkewise send a Duplicate 
of my letter of the 21"^ of June last; in which you will 
see an account of the Proceedings of the Assembly of 
New Jersey this Spring to which I beg leaue to referr. 
Just as I was going to seiile this letter, I haue I'eceived 
her Maiesty's commands to Admit M' Sonmans into 
the Councill which shall be done accordingly. This is 
all I shall trouble your Lordshipps with at present and 

remain 

My Lords Your Lordshipps most 

faithfull humble servant 

L!* of Trade &c. Cornbuby. 



340 



ADMrxrSTRATrON OF LORD LoVELACE. 



[1708 



Norn iitaifO)iS for the Council of New Jersey from Ijord 

Cornhvry. 

[From P. R. O. B. T., New Jersey. Vol. 1. C. 58.] 

List of the Council of New Jersey, & of persons 
recommended by the L'^ Combury to sup- 
ply Vacancies therein, [referred to in fore- 
going letter.] 

List of Persons fit to be of the Coimcill. 

Place of Abode. 



Persons Names. 
M' Wheeler. 
M^ Huddy. 
M' Newbold 

Captain John Bowne 
Captain Kingsland. 
M' Longfield. 



1 



r 



At Burlington. 

Monmouth County. 
Essex County. 
Middlesex County. 



List of the present Councill of New Jersey. 



Persons Names. 

CoUonell Ingoldsby L^ Gr 

M^ Renell [Revell | 

M' Leeds. 

M' Deacon, a quaker. 

M' Pinhorn. 
M' Mompeson. 

Maior Sandfoi-d. 

CoUonell Townley. 

CoUonel Quary. 
CoUonell Uoxe. 

M' Honnians. 
Two are dead Vizt Captain 



I 



S 



Place of Abode. 



At Burlington. 



At Mount Pinhorn. 

At New Barbados. 
At Elizabeth Towne 

At Pliiladeli)hia. 

At Amboy. 
Andrew Bowne of the 



1708] ADMINISTRATION OF LOKI) LOVELACE. 341 

Eastern Diuision, and M' Dauenpoi-t a Quaker of the 
Western Diuision. 

I dont send your Loixlships a full List for the Prou- 
ince of New Jersey, because I would willingly be bet- 
ter informed then I am, of the circumstances of some 
people I should have named. 

I should be glad if your Lordshipps please that Cap- 
tain John Bowne may suply the place of (^aptain 
Andrew Bowne, for the Eastern Diuision, and M' 
Wheeler may suply the place of M' Dauenport in the 
Western Diuision. 



Tji'tter frovi William Lownde.% Secretary of the Com- 
missions of the Treasury y to Secretary Popple of 
the Ijords of Trade, relating to the Petition of 
John Keble, 

(From F. R. O. B. T. New Jereey, Vol. 1. C. 48. J 

Letter from M*" Lowndes inclosing a Report 
from the Commissioners of the Customs to 
the Lord Treasurer upon the Petition of 
Mr. Keble & other Papers ab^ a Manufac- 
ture of Pot- Ashes in New Jersey. 

To William Popple Jun- Esq' Secretary to the R* 
Hono^'" the Lords Oommis'oners for Trade and 
Plantations. 

These 
Sir 

The inclosed Report of the Comm''* of her Majestys 
Customes on the Petico'n of John Keble with the sev- 
(*rall othei- Papers relateing to the promoting the Man- 
ufactun* of Potashes in Her Ma" Plantac'ons having 



342 ADMINISTRATION OF LORD LOVELACE. [1708 

been laid l^efoi'e my Lord Trea'rer. His Lo'p com- 
mands Me to transmit the same to You, and desires 
You will i)lease to lay that matter before the Lords 
Comm'!! for Trade and Plantations for their consider- 
c'on therein. I am 

Sir Your most humble Servant 
Trea'iy Chambers Wm Lowndes. 

7'»' July 1708 
M Popple 



Report on the Petition of M*" Keble. 

May it please Your Lord' 

In Obedience to your Lord^f Commands Signified to 
us by M"^ Lowndes on the Annexed Petition of John 
Keble of West Jei-sey adjoyning to Pensylvania Merch! 
Setting forth that about 8 years past he went over to 
Pensylvania and there purchased a certain tract of 
Land, whereon he planted Tobacco, Indian-corn and 
made Pott- Ash, but it so happened that both himselfe 
and Servants fell sick of the Seasonings, whereby he 
IjOst severall of his Servants, and all his hoped for 
Crop. Which Ljss (by reason of. his gre it oxp.nice) he 
could not again retreive Yet by the kind assistance of a 
a Few Friends on tin* plac(» he mad<^ Some further pro- 
gress in the Pott- Ash work, and brought it to Such 
perfection as to be apj)roved by the Soap-boylers in 
London who used a small Quantity tlieieof, as may be 
fairly attested. Afterwards a greater Cargo Coining over 
it was unfoi'tunatelv taken bv tlie French to the vei-v 
great prejudice of the Pt^tition' And has disabled him 
in the progress of So hopefuU an undertaking. Likely 
to prove very beneficiall to the PubUck. 

Humbly i)raying Y'or Lord'.'* favourable rrcommda- 
tion to the Lords Comm'" for Plantations, that he mav 
have Such Encouragement as they shall judge meet. 



1708] ADMlKIStBATlOK OF LORD LOVELACE. 343 

Wee do humbly Report to Yor LordP That Wee have 
upon this Occasion caused an Accompt to be drawne 
out (by the Inspector Generall of the Exports and Im- 
ports, of Pott-ashes and Pearle-ashes Imported into 
this Kingdom from the East Country and other For- 
reigne parts in Three years time between Christmas 
1703 and Christmas 1706, with an Estimate of their 
values. And for your Lord"!* more particular Informa- 
tion Wee have hereunto Annexed the said Accompt 
Wee do further humbly Acquaint your Lord? That the 
Petition!; hath produced before us, some Certificats and 
Papers tending to prove. That part of his allegations. 
That the Pott-ashes which he made in her Ma** Plan- 
tations wei^e approved by the Soap-Boylei's in London, 
And that he is Capable of making a further progress 
in his undertaking. And Wee ai^e Humbly of Opinion, 
That if the manufacture of Potashes can be brought to 
perfection in the plantations, it will be a usefull Trade, 
and of Publick benefitt to this Kingdome 

Which is humbly Submitted to yo^ LordP" Consider- 
tion 

Sam Clarke 
T: Newport 

Jo. WORDEN 

J : Stanley 
Custome House London M. Dudley. 

r* July 1708 



[Enclosed] 

The Humble Petition of John Keble of West 
Jersey adjoyning to Pensilv? 

1 Of similar puriK)rt to that made to the Loixis of Ti-ade 

see page 304] 

An Account of the Quantity of Pott & Pearle 



344 



ADMIXISTIIATIOX OF LORD LOVELACE. 



[1708 



Ashes, ln)ix)i-ted into England, and From what Parts 
from Christmas 17o:^, To Christmas 17i)0. In three 
Distinct Yeares, with an Estimate of the tii-st Cost or 
Value — Viz. : 



Whkxck. 



Imported. 



East Country 

HoUftnd 

Ireland 

Ruflsia 

Swe*den 

New England 

PensUvania 

Prise-Goodfl 

Qetmany, Pearl... 
Ashes w'ch pasrs.. 
Duty as Pott- Ash.. 



Totals 



Ik What Ykabs. 



ChrUftmas 
1701 



Quantity 



Pound 
wei't 



8,878,0(31 

20,921 

14,681 

606,878 



680 



186,278 



Christmas 
1706 



Quantity 



Pound 
wei't 



1,746,188 
8,069 



816,671 

'""iao 

"2,016 



26,202 



2,593,146 



4.201,804 

Inspect: Gen^-v* 

Office 29'.** June ITOS. 



Christmas 
1700 



Quantity 



Pound 
wei't 



Total 

OF the 

3 Yeabs. 



8,074,886 
8,245 



214,151 
7,040 



84,911 



3,888,682 



Pound 
wei't 



8,192,494 

28,ia5 

14,C81 

1.637,600 

7,040 

260 

680 

2.016 



Amount of 
the Estimate 
at 2^ to 8H 
Per Pound., 



lOi.406 

135 

182 

20,470 

88 

8 

7 

25 



296,886 



10.178. !8:i 



8,692 



127,'ii6 



S 



3 
IS 
5 


2 
17 
4 



6 



18 



6 
9 
8 


6 
6 




6 



U 



Proposals of John Keble for nianiifacttuitty Fot'Oshes 

in New Jersey. 

IKrum P. R. O. B. T NVw Jti-s<»y, Vol. 1, C. 4».i 

The Pix)i)()sal8 of John Keble, of West Jeinsey in 
America for carrying on the Pot -ash works 
in her Majesties Plantations there. 

The Potash I made tii'st theiv, was about tiftv huii- 
divd weight wheix^of two Bari'els of it was transmitt'ed 
to London & well approved by the Soap-makei*s, as 



1108] ADMINISTKATION OF LOKD LOVELACE. 345 

appear by a Certificate, the next Cargo was Unfor- 
tunately taken by the French in its passage for Eng- 
land, if otherwise the said Cargo had safely arrived to 
have produced a Return it would have Enabled me to 
have made a farther progress in the said work. 

That I am the Chiefest Person who with great ex- 
pence & Industry brought this Work to such Perfec- 
tion, is certified by the Honorable WiUiam Penn Esq: 
& others who know the Cii'cumstances of this Affair. 

In the fii*st place returns are as appear by the Cer- 
tificate at 50 or 60 P C? & is a great hindrance in take- 
ing off our Woolen & Linen Manufacture &c. 

And whereas the Pot-ashes that are made in the 
Czar of Muscovies Country, he has made an act that 
what Manufactury of Pot-ashes &c. we have from 
thence must be paid two thirds in Money & one in Goods. 

Which if this Undeitaking of mine in America meets 
with Encouragement it will take off none of our money 
& will be made of the Country's produce & be a means 
of making good Returns to England. 

The supply that I humbly beg is Two Hundred 
Pound & the Transport of Sixteen Servants along 
with the Convoy's that go with my Lord Lovelace to 
New York & a Patent to make Salt in North America 
being I am the first Projecture of it. 

Wliich Salt Pans being once set at Work, the wood 
that I boyl my Salt off with, will Supply me with a 
good quanty of ashes and y Salt that the Pans pro- 
duce will be a constant Supply for raising me Effects 
for making of y* said Pot-ashes that if it should please 
God that I should meet with any Losses by Sea still 
this would be a Constant support to me in Carryfng 
on of the Pot-ash Works. 

So soon as it shall please God 1 shall arrive there I 
have a Potash Work readv that will make about 2o 
Tonn a year, which I intend to go to Work upon, & 
when I have finished my Salt-Pans that they be at 



346 ADMINISTRATION OF LORD LOVELACE. [IfOS 

Work I intend to enlarge my Pot-ash Works as a Year 
after my arrivall to make about 50 Tonn a Year, & as 
it please God to bless my undertakeing shall be for 
further Inlarging the works. 

Haveing these aforesaid incouragements I shall not 
be wanting in making the Pot-ash PubUck being such 
a Noble Country for Wood & of such a vast extent that 
in One or two Years Time will bring a Considerable 
Revenue to the Crown, besides the Returns for y* 
Country. 

That for the Two Hundred Pound, I pray to be ad- 
vanced to my Assistance and Encouragement, I will 
Obhge my self after the first Year to pay her Majesty 
fifty pound thereof & so Yearly till the whole be paid, 
which Encouragement, I humbly hope will be granted 
Since it is Apparent many good Effects are hkely to 
Accrue to the Pubhck, & to the advantage & Emolu- 
ments of her Majesties said Plantations &c. 



[Additional Proposal Received 8*^ July 1708] 

My Proposals that I humbly offer'd for a Patent for 
the making of Salt. I apprehend the chief Foundation 
towards carrying on of my Pot-ash Works, and am 
wiUing to pay the Queen Six pence a Bushell foi- what 
Salt I make, and I propose to make two hundred Bus- 
hels a Week which will so far enable me, that in a 
year after my AiTival, I intend to make or cause to be 
made about Fifty Tons a year, w'l" pays Duty to her 
Ma*>' r>£ 10s. P Tim for y^ Pot-ash w^'' is in y^ yeai' 275 £, 
besides y' Salt vv^*' will pay near as much, and for y* 
Transportei-s Sixteen Servants, it will not amount to 
about ^i)^ vT"^ he craves may be allowed him in regard 
the two hundred pounds, W'*' I humbly desire to be ad- 
vanced, is to be repaid in four yeai*s time after y' tu-st 

year of my arrival. 

John Keble. 



1708J ADMINISTRATION OF LORD LOVELACE. 347 



Letter from Secretary Popple to Secretary Lotondes, 
about the Petition of John Keble. 

[From P. R. O. B. T. New Jersey, Vol. 12, Page 469.] 

To William Lowndes, Esq*" in Answer to his 

Letter of July 7*.^ 
Sr 

The Lords Commissioners of Trade and Plantations 
having consider'd the Report from the Commission" of 
Her Majesty's Customs to my Lord High Treasurer, 
Upon the Petition of John Keble of West Jersey, re- 
lating to his setting up a Pot Ash Work in tliat 
Pi-ovince, referred to, in your Letter of the 7^!* Instant, 
And their Lordships having also i-eceived from the 
said Keble his particular proposal in that behalf; They 
have Commanded me to desire You to Lay before my 
Lord High Treasurer the Substance of the Said propo- 
sals with their Lordships opinion thereupon, as 
follows; 

1*^ He desires, for the better enabling him to carry 
on the said Pot Ash Work, That Her Majesty would 
be pleased to advance to him two Hundred pounds; 
That he will give Sufficient Security here for the repay- 
ment thereof in five Yeai^s ( Viz^) Fifty pounds at the 
end of two fii-st Years, and fifty pounds a year after- 
wards, till the whole be paid; and that the said Bond 
bt^ put into the hands of the Right Honoui-able the 
I^)rd Lovelace, the Said payment may he made to his 
Lordship, for her Majesty's Use at New York. 

2*')- He dc^sires that Her Majesty would be pleased 
to give him tht» Trans[)oi'tation of 1(» Servants, which 
he i)roposes may be done at five jiounds P head in the 
Ship that is to carry over the Lutherans and the Re- 
cruits to New York, and without which Servants he 
cannot proceed uix>ii the Pot Ash Woi'k. He pro- 



348 ADMINISTKATION OF LOUD LOVELACE. [1708 

poses the first Year to make 20 Tun of Pot-ashes, The 
next Year fifty, And doubts not but after he shall 
be well settled, to make Annually a much greater 
quantity and will make it as good, and sell it as Cheap 
as what we have from foi-eign Countries. 

Lastly. He proposes for his further Encouragement, 
and for the better Enabhng him to carry on the said 
Work, that He may have a Patent for 14 Yeai^s for 
making Salt in West Jersey, Exclusive of all others in 
America; Without which he shall not be able so 
Effectually to carry on the said Work; for the Wood 
burnt in making of Salt, will afford him considerable 
quantity of Ashes, And the Salt will Supply him with 
Effects for carrying on the pott-ash work; But their 
Lordships having objected to him, that the making 
of Salt in America is not a mere Invention, and there- 
fore does not Entitle him to the Benefit of the Statute 
of the 21*^ of King James the first, Cliap: 3*^^ He said 
that he did not doubt to procure Certificates from all 
the General AssembUes there, of their Concun-ence 
with his desire of having Such a Patent; and that he 
hoped that when he had transmitted over such Certi- 
cates, which he promised tc do, after his Arival there. 
Her Majesty would be gratiously pleased to grant his 
request. 

Upon the Whole, their Lordships are of Opinion 
That Pot-Ashes being a Commodity so absolutely 
necessary here, The Setting up of Pot Ash Works in 
the Plantations, will be of very great advantage to this 
Kingdom, Besides the particular advantage it will be 
to Her Majesty in Her Revenue of the Custom's; And 
therefoi^e such a Work ought to be Incourag*d and 
promoted as much as may be;' for the returns for the 
American Pott- Ashes will be made in the Woolen and 

' There ih no information as to Mr. Kel)le's succc«.s, but in July. IT-JI). the lufr- 
chantK of London ankeil that the manufacture of both Pot and Pearl .Vshe.s mi^ht 
l)e encouraged in the plantations, and Hoine intercstintf documents referriuK theret<.» 
will be found in the Rucceedinn: volume.— Ed. 



1708] ADMIXISTRATION OF LORD LOVELACE. 341) 

other Manufactures of this Kingdom; whereas at pres- 
ent all the Pott Asheg we have from the Czar of Mus- 
covy's Dominions, are paid for two thirds in money 
and but one third in Goods, which is a great disadvan- 
tage in Our Trade. For which Reasons their Lord- 
ships think it will be for the benefit or this Kingdom, 
that Her Majesty be pleased to give the said Keble 
Credit for two Hundred pounds upon Security, for re- 
paying the said Sum in the manner aforesaid, he being 
disabled in his fortune, by reason that his last Cargo 
of Pott: Ash intended to be imported here, was taken 
by the French Their Ix^rdships further offer that her 
Majesty be pleased to allow him the Transpoi'tation of 
1<» Servants at 5£ P head, As proposed. 

As for his Patent of making Salt, Their Lordships 
have nothing to offer upon that head, till they shall 
receive from him the Certificates he has promised to 
send. I am Sr Your mostHumble Sei'vant 

Whitehall / W[*} Popple 

Julv: 15VM70S. \ 



Order of Council restoring Lewis Morris to the Coun- 
cil of New Jersey. 

(From P. R. O. B. T. New Jersey, Vol. 1, C. M.l 

Order of Council upon the Letter to y® E. of 
Sunderland of the 1^ of July 1708, relating 
to M*" Morris's being restored to his Place in 
the Council of New Jersey. 

At the Court of Kensington the 18^^ August 

1708. 

Present 
The Queens most Excell' Majesty in Councill. 
Upon reading this day at the Board a Letter from 
the Lords Com^' of Trade and plantations to the Earle 



350 ADMIXiSTRATION OF LORD LOVELACE. [1708 

of Sunderland Her Ma*^.* Principall Secretary of State 
in the words following Viz* 

Mem? here y? L're for Constituting Lewis Morris of 
the Councill of New Jersey instead of John Harrison, 
was inserted at large. 

Her Majesty in Councill approving what is above 
proposed is thereupon pleased to Order that the Right 
Honourable the Earle of Simderland One of Her Ma*" 
Principall Secretarys of State doe Cause to be prepared 
what is necessary for the signification of Her Ma*' 
pleasure herem accordingly. 

Chas: Musgrave 



Account of Her Majesty^s Revenues and Fines from 
December^ 1704, to December^ 1708. 

[From P. R. D. B. T. New Jersey, Vol. 1, C. W.] 

A Gteneral State of the Account of Her Majes- 
ties Revenue on y® Province of New Jersey 
from y^ 13* Day of X^"" 1704, That y same 
was Settled for Two years by Act of Assem- 
bly, to y^ 13^ X^"" 1706, That y*? same ex- 
pired* 

The Province of New Jersey was to Pay to Her Maj- 
esty. 

In y X*"' 1704 to y. 13 X*"-^ 1705 £2000 

The Several Counties here under named were to pay: 

1705. 

Bergen County lt>3 13 3 3 

Essex County- 310 15 

Middlesex County 283 9 7 



Transmitted by Mr. Cockeril to the Earl of Stamford. 



1708] ADMINISTRATIOX OF LORD LOVELACE. 351 

Somerset County 50 8 4 2 

Monmouth County 310 12 

Cape May County G3 11 4 

Salem County 292 18 7 

Glocester County iiy'd 10 

Burlington County 414 9 2 

2012 13 2 3 

17o<;. 

Bergin County 113 IT 

Essex County 334 4 5 2 

Middlesex County 258 15 8 

Somerset County 78 18 r» 

Monmouth County 322 8 3 

Cape May County 65 4 

Salem County 275 6 

Glocester County.... 1^)4 9 

Burlington County 400 10 7 3 

2020 9 3 1 



£4033 2 



The said Comities have paid to ye Receiver General: 

1705. 

By Andries Lawrence of Bergin 122 ."> 3 

By Thcophilus Pierson of Essex... 314 14 

By Thomas Pike of Middlesex '^74 12 

By John Harrison of Somerset 50 8 

By Ben Burden of Monmouth 310 12 

By John Hand of Cape May (>1 1 4 

By Tho. Thompson of Salem 280 5 9 3 

By Will. Warner of Glocester 127 2 4 2 

By Xath! Westland of Burlington . . 400 



1951 i: 3 1 



170G. 

By Andries Lawrence of Bergin 113 17 9 

ByTheopilus Pierson of Essex 335 4 5 2 

By Thomas Pike of Middlesex 188 19 3 



352 ADMIXISTRATIOX OF LORD LOVELACE. [1708 

By John Harrison of Somerset 78 18 

By Ben : Burden of Monmouth 322 8 3 

By John Hand of Cape May 54 1 4 1 ^2 

BvTho. Thompson of Salem 275 12 

By Will. Warner of Glocester 170 1 (\ 

Bv Nath! Westland of Burlington.. 402 14 IJ 

1942 11 4 



3394 8 

Her Majesty was to pay to her officers in s'J Province: 

1705. 

To His Ex*^.' J-* Governor 050 

To y* hon^'* Lieut. Governor 300 

Toy Chief Justice 130 

Toy* Second judge 100 

To y* Attorney General lOo 

To y Secretary for Salary 30 

To d" as Clark of y* Council . . . 50 

To d* for contingencies 20 lOo 

To y? Clark of y*. Assembly 50 

To d° for contingencies 20 : 

To y* Printer 5() 

To vt Governor Houses Rent &c.. 180 

To y Receiver General 2C0 

To y? Door Keeper of y? Council.. 30 

To y? Doorkeeper of y* Assembly. 3() 



1706. 

To His Excell? y* Governor »)50 

To y« hon'''; y* lieut. Governor 3(M) 

Toy- Chief justice 130 

To y? Second judge loo 

To y* Attorney General 1 oo 

To y* Secretary & Clerk 1(h> 

To y* Clerk of y' Assembly 7o 

Toy* Printer 5u 



■2000 



1708] ADMINISTRATION OF LORD LOVELACE. 353 

To y? Governor's houses, &c 180 

To y Becci ver General 260 

To y* Doorkeeper of y^ Council ... 30 

To V' Doorkeeper of y* Assembly. 30 

2000 

je4000 

To yl Secretary for other contin- 
gencies 40 15 6 

To May Bickley Esq' for extraor- 
dinary Services to y*. Govern- 
ment 14 

£4054 15 6 

The Receiver Oeneral has paid to Her Mafties sf 
Officer: 

1705. 

To y Governor for Salary 050 

To d.' for Houses Rent &c 180 

To V Lieut' (iovenior 300 

To y* Chief justice advanced 130 

To ^'^ second judge advanced- ... 100 
To y! Attorney Genl advanced. . . . 66 

To r Secretarv & Clerk 88 10 

To y: Clark of y" Assembly 51 18 

To \" Printer advanced 24 

To y^ Receiver General 260 

1850 8 

17(K). 

To y. (lovernor for Salary C50 

To D" for Houses Rent &c 180 

To 1) " ad van(!ed on Ditto 61 9 1 

To y' Lieut! G overnor 300 

To y • Cliief justice 140 

To y seccmd judge 100 

To y Attorney G eneral 89 4 2 3 

To y: Secretary and Clerk 152 5 6 

23 



354 ADMINISTRATION OF LORD LOVELACE. [1?U8 



To y Clerk of y" Assembly 58 19 

Tor Printer/. \ 18 

To y" Receiver General 260 

To Muv Bicklev Escj' 14 

To 

2050 19 3 

The Whole Summe Paid is £3901 7 3 

and the Summe Received was 3894 8 7 1 

The Receiver General therefore Paid more 

then he Received 6 18 5 2 

Memorandum y* on y? £80 4 2 3 Past here above on M' 
Attorney General's acco* there is a Vote of £25. Philadelphy 
Money, makin here £22 4 5 2 accepted, but not yet Paid. 

There Remains yet Due to said Officers: 

1705. 

To y* Attorney Gen! on warr^ 14 

To d? without warrant 20 

To y Secretary & Clark 11 10 

To y* Clark of y* Assembly 18 2 

Toy; Printer 26 

To y** Doorkeeper to y*" Council... 30 

To y* Doorkeeper to y* Assembly. 30 

To y^ sum'e Due being 149 12 

adding y* sum'e Paid being.. 1850 8 

vou'llhave 2000 

1706. 

To y* Attorney General 44 1 5 1 

To y' Clark of y' As8eml)ly 30 2 

To \" Printer... 58 

To \'* Doorkeeper to y. Council... 60 

To y* Doorkeeper to v- Assembly. . GO 

To y' sum'e Due being 25*2 1 6 

Adding y* sum'e Paid being.. 3001 T 3 

you'll have £4154 3 1 



1708] ADMINISTRATION OF LORD LOVELACE. 355 

Out of which Deducting w! ad- 
vanced being To y* Governor. 61 9 1 
To v* Lieu* Governor 37 IS 6 



You'll have then 4054 15 6 

being y. Sum'e y* Necessary Charges amounted unto. 

General Accompt, of Fines in New Jersey, 

1708. 
Debtor. 

December 28 To Peter Fauconnier for Travel- 
ing Charges of Him His Man & 
2 Horses from y: 12**' of 9'r to j-*" 28 
x'" 1708, being 46 Days y' He 
8j)ent going, by absolut orders ofj 
the Governm' thro' Burlington,^ . 
Glocester & Salem Counties, about ^ 
the Militia Fines, at 20 Shelings al 
Day, on which He has Received y\ 
£29 3 8 on y* other side and there- | 
fore there Remains still Due to I 
Him £16 16 4 to make up said/ 

General Accompt. of Fines in New Jersey. 

1706. 
Creditor. 

Novemb. 5. Bv His Excellencv Mv 

», • . 

Lord Comburv for 33 
Sheej) Delivered Him 
Caj)" William Dare at 
Burlington & sold to M' 
ITOT Henry Ma lows by his 
L(»rdship for £12 Phil- 
adelphia Money w''.*' at 
£12^ per cent Differ- 
ence makes 10 13 4 



350 ADMINISTRATION OF LORD LOVELACE. [1708 

May 1. By ditto for one Sheep 

put on Board of His 

Lordships sloop by s'l 

Dare at Salem 15 

My Lord Combiiry 

is therefore still Debt- 
or to said acco* of 

Fines, for ,. 11 8 4 

D. By Cash Received of 

8'.' Will. Dare for 2 

Sheep by Him sold at 

Salem for £1 12 10 

Philadelphia Money 

being 19 2 

Movemb. 5. By D^ Received of s**. 

Will. Dare in £12 Phil- 
adelphia Money 10 13 4 

1708 Feb\ 25 By D" Received of y* 

Late Sherif of Mon- 
mouth County Daniel 

Hendrickse 6 

X^' 2. ByD" Received of 

Cap" Peter Long in £7 

9 goods Philadelphia 

Money 6 12 4 

By D" Received of 

Cap". David Straughen 

of Salem in £5 Phihi- 

Money 4 8 10 

29 3 8 



£40 12 
I certifie These to be Ti-ue accompts witness my 
Hand. Fauconnikr. 



1708] ADMINISTRATION OF LORD LOVELACE. 357 



Report of Mr. P. Fauconnier on papers retained by 

Lord Cornhury. 

[From P. R. O. B. T., New Jersey, Vol. 1, C, 88, 8».l 

Accompt of Several Publick Papers yet in the 
Lord Combuiy's hands February 1709 
transmitted by ni: Cockerill to the Earl of 
Stamford. 

May it Please your Excellency 

According to what I doe conceive to be my duty in 
Respect to the office I have the Honor to Beare under 
Your Lordship in New Jersey; First I Lay Before your 
Excellency in a Sheet of Paper, the whole State of Her 
Majesties accompt of Revenue, and Fines, in Said 
Province, to y? 13'?' day of X^?*^ 170(5, that the Same 
expired, Since which all Salaries according to y? ac- 
count and EstabUshraent hereunto annexed, ai'e owing 
and growing Due; and then I'll Beg leave to acquaint 
Your Excellency, that there are Several Papers and 
Original acts of Government, concerning both the 
Lords Propriators and Her Majesties Interest in that 
Province, w*^.*' are yet in My Lord Coinbury's hands, & 
w*^** I supose the Trouble of mind He Lays under, has 
made Him forget to DeUver to your Excellency, that 
having an account thereof before you in writing, you 
may the better take what measures you'll think most 
proper in Relation thcTeunto; 

1 • Among other Papers, there are Several Bundles 
of Proceedings of the Governors & Council, and of the 
Courts during the time of the Propriatory Govern- 
ment, Delivered Him for His Perusal by Mr Huddy 
while Secretary. 



S58 ADMll^IStRATlON OF LOjlD LOVELACE. [1708 

2V Two original wills, one of Briget Guy, & y? other 
of Thoraassin Fowle, in Both w^** are conciderable 
Legacies left to the Quakers Meeting; wether y* Same 
be Devolved to y? Crown, The Said Meeting being not 
a Body corporat, and therefore not capable of Inherit- 
ing (as His Lordship thought when He took them in 
His hands) or noe, is what I humbly Leave to your 
Excellencies Determination. 

3^y The original Acts of Assembly for Indian Pur- 
chasses, and the ordinances for Fees, and for Estab- 
hshing of Courts. 

4}y A Bond of £200. Philadelphia money from one 
Richard Robins to one Samuel Hunter, Whereupon 
there is neer Five years Interest Due, and ready to be 
Paid when the Bond appears, said Robins being good 
and able to Pay (as I am Informed) the said Bond 
belongs to Her Majesty, the Estate of said Hunter 
having been legally forfeited to Her Majesty after His 
Escape, He being arrained w*.** one Mary Taylor, for 
Poysoning Her Husband. 

5^'' Several Escheats and Forfeitures not yet wholy 
Determined, (viz^) 

The Papers relating to 50. acres of Land near Mooi'es, 
& 200. acres at Maniton near Salem, y^ Cap" Daves 
lives upon, belonging to y? Estate of John Woodrof 
Deceased intested, without any Heir y^ has yet ap- 
peai-ed. 

Hl> The Executions ag^ Henry Slouby for Piracy, & 
Peter Blackfields and Hedge for Entring Se- 

curity for Him, Their Estates w^.** are prety considera- 
bles, falling to mine for wants of being carefully lookt 
after. 

7'* Several other Such PubUc Pai)ers y? Nature 
whereof I'll acquaint yo' Ex®* wV^ as y? Same comes to 
my Knowledge, as I shall likewise allways be ready to 
communicat to Yor Lordship, without all manner of 
Privat affection. Prejudice, and PartiaUty, what some 



1708] ADMINISTRATION OF LORD LOVELACE. 359 

years Experience and observations, has made me capa- 
ble to Know of, or relating to, any Publik matters and 
Transactions, when ever Your Excellency shall think 
fitt to Lay yom* commands on me; I thinking my Self 
wholy obliged to Serve yof Ex""^ in This and all other 
Respects, with zeale and Sincerity, not only by the 
Duty of my office, but above all by reason of my Ub- 
erty, which I acknowledge I oweth entirely to your 
Excellency, I Reckoning my Self Free from a Kind of 
of Slavery, that y? Interest of my Family made me 
Submit unto, and in a condition to Demand my owne, 
so long and so unjustly detained, but from the happy 
Day of your Lordship's arrival into This Province. 
These are the Thoughts and y? real Disposition of 
mind of 

May it Please your Excellency your Lordships 
Most Duty full & most obedient Humble Servant 

P. Fauconnier 
New York February y* S'^ 170S. 



Letter from Lord Lovelace, Governor of New Jer- 
sey, to the Lords of Trade, 

Letter from the L^ Lovelace Grovernor of New 
Jersey,' Rece'd 25*? May 1709 

My Lords. 

I am come hither to hold an assembly, which Met 
Yesterday and chose M' Thomas Gk)rdon Speaker, I 
have given orders for y* proper Officers to transcribe 

fair ace*" of the Minutes of the Councill, and assem- 
bly, that were holden both here and at New York. 
The Lists of the Ships Entred and Cleared, and the 



' Lord LoTelacf* arrfTMl at New York, I>ect«inl>er IHth, 1706, after a passage of 
' nine weeks and odd dayn." N. Y. Col. Docts, Vol. V.. paf^ 67. He Kummoned the 
New Jeney Council to meet him at Bergen, December 20th. See Smith *h New 
Jeraey, p 855.— Ed. 



;i60 ADMINlStRATlON OP LORD LOVELACE. [1706 

Accounts of the Revenue during my Lord Combury's, 
time there is Allso preparing now an Acd of The 
Remains of the Stores of War at New York, and AJ- 
bany, I know not how Soon they can be got Ready, 
But I shall send y"^ LoP" Quarterly, or half Yearly ac- 
coimts of these things during my Continuance here. 
Y' Lo*"* directions relating to the accoimts of the Num 
hers of the Negroes imported from Africa for Severall 
years past I am afraid Cannot be Complyed with, but 
I will endeav' in all things to follow My Instioictions, 
and give y^ Lop* from time to time an account of my 
Proceedings. 

I take the Liberty to add that M' Mompesson hav- 
ing heard Since my arrival that two Gentlemen in 
England are putting in for his oflftce of Chief Justice, 
hath desired me to Remind Y' Lop? of a Letter which 
Y' LoP* Sent to my Lord Cornbiuy an Extract of Part 
whereof is Inclosed, and thinking from thence himself 
Secure in his Imployment hath therefore made no ap- 
phcation to England to be Confirmd Nor begg^ the 
Favour of Y' Lop* Reccommendation to the Queen, on 
his behalf 

I am My Lords 

Your Lordships most 

obedient humble Servant 

Lovelace 
Perth Amboy 
March y' 4*»' 17(>S 



D^cftments connected with the Proceedings of the 
Council and Assembly of Xeiv Jersey, March and 
Apjil, 1709 

IFYom P. R O. B. T. New Jersey, Vol. 1, C. 811 

The Lord Lovelace, his Speech to Y! assembly 
of New-Jersey: The Councils address to 



1708] ADMINISTRATION OF LORD LOVELACE. 361 

Her Majesty, and Several other addresses 
from the Council, the Representatives &c** 
to the Lord Lovelace.^ 

His Excellency 

John Lord Lovelace, Baron of Hurley, Capt. Greneral 
and Gk)vemour in Chief of the Province of Nova 
Caesarea or New Jersey, New York and Territories de- 
pending thereon in America and Vice- Admiral of the 
same. 

His Speech 

To the General Assembly of New Jersey, convened at 
Amboy the 4'^ day of March 1708 [1708- 9] 

Grentlemen ; 

I am very sensible of the great Difficulties that do 
attend this honorable Imployment in which her Ma- 
jesty hath been pleased to place me, the Government 
of this Province; but I hope you will never fail to 
assist me to serve the Queen and her People here. 

Her Majesty hath shewn in the whole course of her . 
Reign, a Reign glorious beyond Example, how much 
she aims at the good and prosperity of her People. 
She hath, with indefatigable pains, united her two 
kingdoms of England and Scotland, and she continues 
the same application to unite the Minds of all her Sub- 
jects. This is her great care, and ought to be that of 
those whom she deputes to govern those distant Prov 
inces, which are not so happy by their Situation to be 
under her more immediate Government. 

I cannot set before me a better Pattern; I shall en- 
deavour therefore to recommend myself to you by fol- 
lowing (as far as I am able) her Example. 

I pei'swade myself, I shall not give you any just 



> ReccHi: 14 November 170». TranHmiUed by Mr. Cockeril to the Earl of 
Stamford. 



362 ADMINISTRATION OF LORD LOVELACE. [1709 

cause to be uneasie under my Adminstration; and I hope 
you will not be uneasie with one another. Let past 
Differences and Animosities be biu'ied in Oblivion, and 
let us all seek the Peace and Welfare of our Country. 

Her Majesty would not be burthensom to her 
People, but there being an absolute necessity that the 
Government be supported I am directed to recommend 
that matter to your Consideration. You know best 
what the Province can conveniently raise for its sup- 
port, and the easiest Methods of raising it. 

There is another thing also will require your Con- 
sideration, the making of a Law for the putting the 
Militia upon some better foot than it is at present, 
with as much ease to the People as possible. 

I shall only add, That I shall be always ready to 
give my assent to whatever Laws you shall find neces- 
sary for promoting Religion and Vertue, for the en- 
couragement of Trade and Industry, for the dis- 
couragement of Vice and Profaneness, and for any 
other matter or thing relating to the good of the 
Province. 



To his Excellency John Lord Lovelace, Capt. 
Greneral & Governor in Chief of the Prov- 
ince of New-Jersey, &c. 

The Humble address of the Greneral assembly 

of New-Jersey. 

May it please yo7ir Excellency; 

We esteem it our great happiness that her Majesty 
has ])laced a person of so much Temper and Modera- 



1709] ADMINISTKATIOK OF LORD LOVELACE. 363 

tion over us, and make no question your Excellency 
will surmount every Difficulty with Honour and Safety. 

Her Majesty's Reign will make a bright Leaf in His- 
tory ; and as 'tis the advantage of the present, so 'twill 
be the admiration of future ages, not more for her 
Success abroad than her Prudence at home; and tho' 
our distance has, and may sometimes be disadvanta- 
gious to us, yet we experience the Effect of her 
Princely Care, in putting an end to the worst adminis- 
tion N(BW- Jersey ever new, by sending your Excellency, 
whose administration must alway be easie to her Ma- 
jesties Subjects here, and Satisfactory to your self, 
whitest you follow so great and so good an Example. 

We have no Annimosities with one another, but 
firmly agi*ee to do our Selves and Country Justice; 
and perswade our selves, none that deserve publick 
Censure, will have share in your Excellency's esteem, 
but that we shall meet with a hearty Concurrence from 
you in all those measure that conduce to our Peace 
and Satisfaction. 

We shall contribute to the Support of her Majestys 
Government to the utmost of our abiUties, and most 
willingly so at a time when [we] are free'd from Bond- 
age and arbitrary Incroachments; and are very much 
satisfied that Vice and Immorality will meet with a 
different Treatment from what it did, and not receive 
the publick Countenance and Approbation. 

We do assure your Excellency, all your reasonable 
Desires shall be Commands to us, and that we will 
study to make your Excellency's administrntion as 
easie and happy as we can to your Excellency and our 
selves. 

March s, UW, 

Several Members of this House being of the People 
called Quakers do approve of the matter and substance 
above-written, but make some exceptions as to the 
stil(^ 



364 ADMINISTRATION OF LORD LOVELACE. [1709 



House of Representatives, March 9, 1 709. 

May it please your Excelleyicy; 

This House being credibly infoi-med, that an address 
was sent to her Majesty by the Lieut. Govemour and 
Council, in the year 1707, a Copy of which this House 
has hitherto, in vain, endeavoured to obtain, This 
House therefore humbly prays, That your Excellency 
would be pleased to take such measures as your Excel- 
lency shall think fit, that a Copy of said addi-ess may 
be laid before the House. 



[The address avsked for in the preceding message.] 

To the Queens Most Excellent Majesty. 

The Humble Address of the Lieut. Governour and 
Council of Nova Ca?sarea or New Jei-sey in America. 

May it please your Majesty, 

We, the Lieut. Governour and Council of Yom* Maj- 
estys Province of Nova Cc^sarea or New-Jersey having 
seriously and dehlierately taken into our Considemtion 
the Procedings of th(^ Present assembly or Repi'esent- 
ative Body of this Province, thought our selves bound, 
both in Duty and Conscience, to testifie to your Majesty 
our Dislike and Aboii*ence of the same, being very sen- 
sible, that the unaccountable Humoui'S and pernicious 
Designs of some particular men have put them upon 
so many In-egularities, with intention to occavsion only 
I)iv(»i*sions and DistractioiLS, to the disturbance of the 
great and weighty aflfaii-s which lx)th your Majesty's 
Honour and Dignity, as well as the Peace and Welfare 
of the Country required. Their high Incroachments 
upon your Maj(»sty's Pierogative Royal, Notonous Vio- 



1709] ADMINISTRATION OF LORD LOVELACE. 365 

lations of the Rights and Liberties of the Subjects, 
manifest Interruptions of Justice, and most unman- 
nerly Treatment of his Excellency the Lord Combury, 
would have induced us sooner to have discharged our 
Duty to your Majesty, in giving a full Representation 
of the unhappy Circumstances of this Your Majesty's 
Province and Government had we not been in hopes 
that his Excellency the Lord Cornbury's full and am- 
ple answer to a most scandalous Libel, called The Re- 
monstrance of the Assembly of Nova Oaesarea or New- 
Jersey, which was delivered to the Grovernour by the 
assembly at Burhngton in May last, would have opened 
the Eyes of the assembly, and brought them back to 
their Reason and Duty; but finding that those few tur- 
bulent and uneasy Spirits in that Assembly have still 
been able to influence and amuse the Judgment of 
many well meaning men in that Body, as appears by 
another late Scandalous and infamous Libil, called, 
The Reply of the House of Representatives of the 
Province of New-Jei-sey, to an answer made by his 
Excellency Edward Viscount Cornbury, Govemour of 
the said Province, to the humble Remonstrance of the 
aforesaid House. We are now obliged humbly to Re- 
present to your Majesty the true Cause, and what we 
conceive may be the Remedy of these confusions. 

The first is wholly owing to the Turbulent, Factious, 
Uneasy and Dis-loyal Princii)les of two Men in that 
assembly, M^ Lewis Morris, and Sanniel Jenings a 
Quaker; Men notoriously known to be uneasie under 
all Government: Men never known to be consistent 
with themselves; Men to whom all the Factions and 
Confusions in the (iroveniments of New-Jersey and 
Peniisilv^ania for many Yeai^s are wholly owdng: Men 
that have had the Confidence to declare in open Coun- 
cil, That your Majesties Instnictions to your Gover- 
nours in th(^se Provinces shall not oblige or bind them, 
nor will they be concluded by them, further than they 



366 ADMIX I8TRATI0N OF LORD LOVELACE. [1709 

are warranted by Law; of which also they will be the 
Judges; and this is done by them, (as we have all the 
reason in the world to believe) to encourage not only 
this Government, but also the rest of your Grovem- 
ments in America to throw oflf your Majesties Royal 
Prerogative, and consequently to involve all your 
Dominions in this part of the World, and the honest 
good and well meaning People in them, in Confusion, 
hoping thereby to obtain their wicked Purposes. 

The remedy for all these Evils, we most humbly pro- 
pose, is, That your Majesty will most graciously please 
to Discountenance those wicked designing Men, and 
shew some DisUke of this assembly's Proceedings, 
who are resolved neither to Support this your Ma- 
jesty's Government by a Revenue, nor take to Defend 
it by settUng a Mihtia. 

This last Libil, called, the Reply, &c. came out so 
suddenly, that as yet we have not had time to answer 
it in all its Particulars, but do assure your Majesty, 
That it is for the most part false in Fact ; and that part 
of it which carries any face of Truth, they have been 
maUtious and unjust in not mentioning the whole 
Truth, which would have fully justified my Loixl 
Combuiy's just Conduct. 

Thus having discharged this part of our Duty, which 
we thought at present Incumbent upon us, we beg 
leave to assure your Majesty, That when-ever we shall 
see the People of this Province labour under any thing 
like a Grievance, we shall, according to our Duty, imme- 
diately apply to the Govemour with our best advice, for 
the redress of it; and we have no reason yet to doubt 
of a ready Compliance in him. We shall not be par- 
ticular in, but crave leave to refer to his Excellency's 
Representation of them to the Right honourable the 
Lords Commissionei'S for Trade and Plantations. 

The strenuous asserting of your Majesty's Premga- 
tive Royal, and vindicating of the Honour of your 



1709] ADMINISTRATION OK LORD LOVELACE. 367 

Governor, the Lord Combury, will, in our humble 
Opinion be so absolutely necessary at this juncture, 
that without your so doing, your Majesty will find 
your self deceived either in expectation of a Revenue 
for Support of the Government, or Militia for its De- 
fence. 

In hopes yom* Majesty will take these important 
things into your Consideration, and his Excellency the 
Lord Combmy with all the Members of your Majes- 
ty's Council, into your Royal Favour and Protection, 
We shall conclude with our most fervent Prayers to 
the most High to lengthen Your Days and increase 
your Glories; and that our Selves in particular, and 
all othei-s in general who reap the benefit of your Ma- 
jesties most gentle and happy Government, may be, 
and ever continue the most Loyal and Dutiful of Sub- 
jects to the most Glorious and best of Queens. 

RoBT. Quarry, Thomas Revell, Rich. Ingoldesby, 

Daniel Leeds, Wiluam Pinhorne, 

WiLUAM Sandford, Daniel Cox, R. Mompesson, 

Richard Townley. 



House of Representatives, March 14,1708 [1708-9] 

May it please your Excellency; 

This House rendei-s their humble and hearty Thanks 
to your Lordship for favouring us with a Copy of that 
Pa[)er, called, The Address of the Lieut Governour 
and Council of New-Jersey, to her Majesty, which we 
conceive rather to l>e an Impeachment, and lays the 
House under a necessity humbly to address your Ex- 
cellency, That you will l)e pleased to desire the Lieut. 
Oovernour, and all those Grentlemen that signed the 
said Addi'ess, to attend your Excellency at such time 



368 ADMINISTRATION OF LORD LOVELACE. [1709 

as you Think fit to appoint, to prove their Allegations 
contain'd in said Address, and that this House may 
have leave to be present, that Her Majesties dutiful 
Subjects of this province may have an opportunity of 
making their just Defence to clear themselves from 
such Imputations. 



To his Excellency John Lord Lovelace, Capt. 
Greneral & Grovemor in Chief of the Prov- 
ince of New-Jersey, &c. 

The Humble Address of the Greneral Assembly 
of New-Jersey. 

May it please your Eaxellency; 

We have now a considemble time waited in expec- 
tation that the Gentlemen of the Council would liave 
laid before your Excellency something in Justification 
of the Address they sent to the Queen; it is what (if 
they have any value for their Reputations) they are 
obUged to doe; but their Neglect of it, after the time 
set them, looks as if they Studied to avoid coming to 
the Test. 

We cannot suppose them unprovided, having (as 
they say) seriously and deliberately taken into Consid- 
eration what they thought themselves bound in Con- 
science and duty, to testifie their dislike of, to her 
Majesty; and having now had so long time to collect 
what Proofs they are able, which if they decUne to do, 
we hope your Excellency will take it for granteil, that 
what thev have writ is not tnie, but that the Con- 
sciousness of their own Guilt, makes them slum that 
tryal, which is so necessary to enable your Excellency 
to set the Differences between us, in a true light, 
before her Majesty. 
We have drawn out the several Articles in that 



1709] ADMINISTRATION OF LORD LOVELACE. 369 

Address, which amount to about sixteen; and what- 
ever pretences they may make to Temper and good 
Manners we presume they won't offer this Address as 
an Instance of either; if they do, we must confess oui^ 
selves so unfortunate as to entertain different senti- 
ments of it; but of that enough; the Articles are, 

* " I. That they had Seriously and Dehberately taken 
*'into Consideration the Proceedings of the present 
'* Assembly, or Eepresentative Body of this Province, 
" " and that they were in Duty and Conscience bound to 
^ ^ testifie their dislike and abhoiTance of the same to the 
'' Queen. 

II. ''That the unaccountable Humoui-s and perni- 
' ' tious Designs of some perticular merl have put them 
* * upon so many Irregularities, with Intention only to 
' ' occasion Divertions and Distractions, to the Disturb- 
''ance of the great and weighty Affaii-s which her 
' ' Majesties Honour and Dignity, and the Peace and 
•' Wellfare of the Country required. 

ni. "That we had highly incroach't upon her 
' ' Majesties Prerogative Royal. 

IV. ''That we had notoriously violated the rights 
* ' and Liberties of the Subjects. 

V. ''That we had manifestly interrupted Justice. 

VI. "That the Remonstrance was a most Scandal - 
"ous Libel. 

VII. ' ' That the Lord Cornbury made a full and 
' ' ample answer to it. 

Vni. " That the reply of the House of Representa- 
" tives of the Province of New- Jersey was a scandalous 
' * and Infamous Libel. 

IX. "That these disturbances are owing wholly to 

" Lewis Morris and Samuel Jennings, Men of turbu- 

"lent, factious, uneasy and disloyal Principles; Men 

** notoriously known to be uneasy under all Goveni- 

'*ment, and Men never known to be consistent with 

" themselves. 
•^4 



370 ADMINlSTRATIOX OF LOKD LOVELACE. [1709 



** That to those Men are owing all the Factions 
*'and Confusions in the Governments of New-Jersev 
** and Pennsilvania. 

XI. "' That this is done with design to throw oflf the 
•* Queens Prerogative Royal and consequently to 
'' involve all her Majesties Dominions in this part of 
* ' of the world, and the honest, good and well meaning 
** men in them, in Confusion, hoping tliereby to obtain 
'Hheii- wicked purposes. 

XII. '' That the Assembly are Resolved neither to 
' ' Support the Queens Government with a Revenue, 
* ' nor Defend it by settling a Militia. 

XIII. ''That the Reply (which they again call a 
*' Libel,) came out so suddenly, that they had not time 
'' to answer it in all its pailiiculars. 

XIV. ''They assure her Majesty, 'tis for the most 
* ' part false in fact. 

XV. *' That where it has any face of Ti-uth, we have 
' ' been Mahcious and unjust in not mentioning the 
'* whole Truth. 

XVI. "That whenever the People laboured under 
''any Grievance, they would, according to their Duty, 
'" apply to the Govemom- with their best advice. 

Yom* Excellency must needs think, here are but too 
many Temptations to Resentment, and would justifte 
our Treatment of the Authoi*s with a Suitable 
Warmth, to find this House accused so unjustly, and 
with so peculiar a V^imlence, cannot be very grateful 
to us. But when we consider that the wiiole design of 
this Address was an endeavom* to render Assemblies 
altogether Useless, to lodge the whole Legislature in 
Edward Viscount Cornbury, and a few unhappy Men 
(for so we nmst call them) who were fond of l)eingthe 
Ministers of his Arbitrary Pleasure. And to obtain 
this end, no less an Accusation was used, than that 
we designed to throw off her Majestys Prerogative 
Royal. Its not unreasonable to suppose: that those 



1709] ADMINISTRATION OF LORD LOVELACE. 371 

who used the thing beyond its largest acceptation, did 
not use the word in its most restrained sence; We say, 
its no wonder that at such an Accusation as this we 
appear in some measure concern'd, and tell your Ex- 
cellency. It is what we abhor and detest from the 
bottom of our hearts; That we think our selves happy 
under her Majesties Government; and hope, we have 
given you Demonstration that what we say is true. 
No Resentment that we might justly have to the Lieut. 
Govemour has hindered us from paying an Honour to 
the Queens Commission, by giving him Two hundred 
Pounds for this year; tho' we take leave to inform 
your Excellency, 'tis not his own Merits, nor any hopes 
we have of his future Conduct that induces us to it, 
but purely in honour to the Commission (as we said 
before) Nay, more, it is an Office to us altogether use- 
less, and a Charge we cannot bear. And we beg leave 
further to inform your Excellency, That tho' we have 
given one hundred Pounds, for a year, to a chief Jus 
tice, yet we never did mtend. that either Roger Mom- 
pesson, Esq ; or any of the Signei-s of that Address, 
should receive any benefit by that Sallary appointed 
for the Office of Chief Justice, but pray, That your 
Excellency would be pleased to I'emove the said Roger 
Mompesson, Esq: from the said office of Chief Justice, 
we having too great reason to fear, that her Majesties 
Subjects cannot be safe in their Properties, so long as 
a Person that has so falsly represented her Majesties 
good Subjects to our Gracious Soveraign, executes 
that Office. We also humbly submit it to your Excel- 
lency's Consideration how fit it will be for her Majes- 
ty's Service and Peace and Welfare of this Province, to 
continue any of the Signers of the above-mentioned 
Mis-representation to her Majesty, in her Council, or 
any other office of Trust or Profit in this Govern- 
ment. 
We conclude by acquainting your Excellency, That 



37'^ ADMINISTRATION OF LORD LOVELACE. [1709 

we have addrest her Majesty, and beg leave to recom- 
mend it to your Excellency's care, and hope that you 
may always, as you do now, give us reason to pray 
for your Health and long continuance among us. 
March H] \70U By Order of the House, 

Thomas Gordon, Speaker. 
Several Membei-s of this House being of the People 
called Quaker's, do approve of the matter and substance 
above written, but make some exceptions as to the 
stile. 



To his Excellency John Lord Lovelace, Baron 

of Hurley &c. 

The Humble address of the Lieut-Gover- 

nour &c. 

May it please your Excellency] 

Your Excellency having been pleased to communi- 
cate to the Gentlemen of the Council an address from 
the present House of Representatives, in relatin to a 
Paper, called, The Copy of an addi^ess signed by the 
Lieut-Governor and Council of New^ Jersey, to her 
Majesty. We desired time till ihe rest of the Gentle- 
men, who are charged with signing this Address, can 
have time to appear to give answer to your Excellency ; 
whereupon the Clerk of the Council was ordered to 
write to the several Gentlemen of the Council, to at- 
tend in their respective Stations in eight Days; which 
time being expired. We whose names are here asserted 
in the Copy as having Signed thereto, altho' we believe 
there are some Mistakes in transcribing, and tho' some 
of th(^ Gentlemen, said to have signed the same, are 
not here, yet we in behalf of our Selves, with all Hu- 
mility and Submission, presume to offer this a.s our 
answer: 

That in the Station her Majesty hath been pleased to 
place us. We liave endeavouivd to discharge a Con- 



1709] ADMINISTRATION OF LORD LOVELACE. 373 

science in the faithful Execution of our Trust, and by 
the Oaths that we have each of us taken, have sworn, 
That we shall not know or hear anything that may be 
prejudicial to the Common-wealth, Peace or Quiet of 
her Majestys Realm, or this Province, but that we 
shall, with all diligence Reveal and Declare the same 
to her Majesty, &c. Whereupon being sensible how 
prejudicial the Proceedings of some certain Persons 
were to her Majesty's Interest, and the Peace and quiet 
of this her Majesty's Province, we thought it our Duty 
to represent the same to her Majesty, And your Excel- 
lency having been pleased to communicate to us her 
Majestys Commands, signified in a Letter from my 
Lord Sunderland, That upon your Excellency's arrival 
here you enquire into the matter of Fact, and send him 
an account thereof, as it shall appear to your Excel- 
lency, that he may lay the same before the Queen. In 
ordei* to enable your Excellency to return an Answer 
thereto, we shall produce such Proofs and Instances, 
as, we piosume, will justifie us in her Majesties 
Opinion, for the Advice we have thought it our Duty 
to offer: but the same being a matter that will neces- 
sarily take up some time in getting Coi)ies of the 
Records of sevi»ral Counties, and taking the Evidences 
of several Witnesses, disperst at great distances in the 
Province, must crave a convenient time to be allowed 
by your Excellency for our so doing. 

Rich. Townlev, Rich. In(k)ldk8bv, 
Rob. Quarry, William Pixhorne, 

Daniel Cox, William Saxdford, 



At tlie same time Mr. Momj)es8()n delivered his 
answer in the words following, viz. 

M(/f/ ft please i/onr Excellency: 

Th(» address Inking tendered unto me as an fvt of th«» 
Lieut, (lovernour and Council, and signed by all the 
Gentlemen, before brought unto me ; upon considera. 



374 ADMINISTRATION OF LORD LOVELACE. [1709 

tion of the Lord Audley's case mentioned in Button's 
reports where the Ld Chief Justice's Opinion was dif- 
ferent from the other Judges, yet his was involved in 
theirs, and reported to the Lords on that Tryal, as the 
Opinion of all the Judges: On the Citation of that 
Case, and the like, the House of Commons were of 
Opinion, that when seven Commissioners were ap- 
pointed to inspect into the forfeited Estates in Ireland, 
when four had sign'd the Report, the other three 
ought to have sign'd it, and were censur'd for not sign- 
ing tho' contrary to their Opinidns. 'Tis Ukewise 
taken notice of in the Ld. Strafford's Tryal, fo. 231 & 
232. That the usual method in the Privy Council of 
Ireland, is, That if an Order were made on a Coxmcil 
day, when it was drawn out fair, it was afterwards 
signed by the other of the Coimcil, tho' absent at the 
time when making the Order, or altho' they gave their 
dissent to it, when present at the making. The meth- 
od likewise at New -York has been, that when a refer- 
ence has been made imto three of Her Majesty's Coun- 
cil there, to make theii* Repoi-t thereon, if in such 
case two have been of One Opinion, and the third of 
another, yet all have signed the Report, and it has been 
there look't upon as regular, & i*equisite to be done. 
On these and other Considerations of the Uke nature, 
I signed the address before-mentioned without examin- 
ing into the particular thereof. 

Roc;er Mompesson. 

To His Excellency John Lord Lovelace, Capt. 
General & Grovernour in Chief of the Prov- 
ince of New Jersey, &c. •• 

The humble Address of the Representatives of 
her Majestys Province of N. Jersey. 

May it please Your Excellency; 

Wa the Repi'esentatives of this her Majestys Prov- 



1709J ADMIXISTRATION' OF LORD LOVELACE. 375 

ince of New Jersey having examined into the truth of 
several Complaints made against Peter Sonmans, Esq; 
one of her Majestys Council for this Province, do find, 
that the said Sonmans has illegally used the Power he 
is cloathed with, to the great hurt of several of her 
Majestys Subjects, and, if tolerated, will be of evil ex- 
ample, and render their Liberties and Properties preca- 
rious, and at the disposal of every Magistrate, who will 
make his will, and not the Law, the Rule of his Actions. 

We are heartily sorry that that Gentleman, who has 
the honour be of her Majesty's Council, and does not 
want sufficient Abilities for lier Service, should bv his 
imprudent Conduct lay us under a necessity of so pub- 
lick a Complaint against him; but vre cannot be so 
much wanting to the Country we represent, as to be 
silent in a case that so justly requires our Considem- 
tion, and pei'swade ourselves. Your Excellency will 
not protect him in the bi-each of the Laws, and abuse 
of hei* Majesties Subjects; but on the contrary, think 
it for the honor of the Queen to punish a Person who 
uses her Authority so contrary to the end for which it 
was confer'd on him. Tho' we have but too much 
reason to behove those Arbitrarv measures with which 
the late Administration under the Ld. Cornlmry, so 
much abounded, wei-e veiy much owing to his C^oun- 
cils, he being one of the Peisons on whosi^ advice his 
Lordship verv much relvM, vet we shall not insist on 
any thing that may look like Conjecture, l)ut take care 
to inform your Excellency, 

That in the fii'st place, h(» advised and procured the 
arresting of M' John Barclary on Whitsunday last, 
coming out of the Church from the Sacrament, which 
is a manifest bieach of the Peace, and contrary to the 
Laws in that case made and provided, and nuist tend 
to the discouragement of Religion, and the Publick 
woiship of God, if Persons can't bt^ secure at the Altar 
in the most Solemn Acts of Woi-ship. 



3T^> ADMINISTRATION OF LORD LOVELACE. [1709 

2dly, He took from one John Brown his Hoi'se, 
without assigning him any Eeason for it, and detains 
him to this Day. And some time after the poor 
Man had commenced an Action against him, to re- 
cover, if possible his Beast unjustly detained from him 
one Reeves complained against one Mellin, a Taylor 
(who had some time before us'd some expressions 
against some of W Sonmans Friends) for detaining a 
Coat of the said Reeve's, which Mr Sonmans was 
pleased to call Fellony; and was going to commit the 
said MelUn for Fellony, tho' Mellin proved, and Reeves 
afterward confest, that Mellin only detained the Coat 
he had made, till Reeves should pay him for making 
of it. Melhn finding there was no contending against 
absolute Power, found a way to escape from Sonmans 
and was set over to Statten Island by the aforesaid 
Brown, who was altogether ignorant of what had hap- 
pen'd: upon which Sonmans (to gratifie his Resent- 
ment) contrary to Law committed the said Brown to 
Goal ; and when the Sheriff had admitted him to Bail, 
Sonmans used many threats to him for his so doing, 
ordering him to take him back again, telling him, he 
would throw up his Commission, and go to York, and 
desire my Lord to send Soldiers to rule them; whicli 
Threat, and the fear of being govern'd by Martial 
Law, induc'd the Sheriff to take him into Custodv 
again, and keep him in Prison till My Lord Cornbuiy 
was pleased to allow he might be admitted to Bail. 
Tliis Procedure, as it was most unlawful and unjust, 
so it tended not only to render her Majesties Subjects 
intirely depending on my Lord Cornbury, or those hf^ 
thought fit to honour with Magistracy, but to create 
in the Minds of the People. an aversion to her Majesty's 
just and mild Government, when by a humor a (jen- 
tlemau of the Council could Dragoon them at pleasure. 

Mly, In a Case depending between the Queen and 
Mr Harrison, upon Information exhibited by the Attor- 



1709J ADMINISTRATION OF \A)R\) LOVELACE. 377 

ney Greneral, he the said Sonmans endeavoured to per- 
swade the Sheriff to pack a Jury, and accordingly gave 
him a List of eleven Men, all Dutch Men, and prom- 
is'd to bring them in his way, that he might be at little 
trouble, had this been after the Threat of Dragooning 
and with a man of less vertue than the present Sheriff 
in all probability it had taken effect, and the Gentle- 
man had been Ruin'd. 

4thly, In a Suit depending before him in the Coui*t 
of Pleas, between Mr Michael van Veighty and Mr 
Alexander Walker, a Friend of M*^ Sonmans, the said 
Veighty had ordered Mr Tho. Gordon to take out a 
Writ and sign it with his the said Veighty's Name, 
which Veighty acknowledged in open Court, and offer- 
ed to sign it himself; notwithstanding, he the said Son- 
mans did not only not admit the Action to be Tiy'd 
but taxed a Bill of Cost against the said Veighty for 
three Pounds seven Shillings and Ten Pence, in abate- 
ment, in which Case no Cost ought to be paid. And 
that the Partiality and Injustice of W Sonmans may 
appear more plainly to yom' Lordship, in the same 
Court another Writ sign'd in the same manner as that 
was met with no objection from him but was allow- 
ed of. 

5thly, The afore-mentioned Alexander Walker after 
beating and cutting his Wife in a miserable manner, 
threatened to wash his hands in the Blood of his Son- 
in-law, and on Sunday in the morning attempted it 
with an Ax, and had, in probability, murdered him, had 
not the suddain coming of help prevented him, upon 
which, ai)plication being made to W Sonmans, to bind 
the said Walker to the Peace, he absolutely refused it, 
pretending he was immediately going out of Town 
on your Lordshijis Business, tho' he staid in Town part 
of the next Dav. 

♦)thly. In Contemi)t of the Laws in that Case made 
and provided, he op^mly Cohabits with a Scandalous 



378 AUMINISTRATIOX OF LORD LOVELACE. [1709 

Woman, has had one Bastard by her; This is tp the 
evil Example of her Majesties Subjects, in so publick 
a violation of the Laws, by a Person who ought to 
give a good Example, and punish that Crime in 
others. 

7thly, He stands indicted of Perjury and Adultery, 
and we fear the Consciousness of other Guilts, prevail- 
ed upon him, after an unpresidented manner, to hin- 
der the Grand Inquest from doing their Duty at the 
last Court; by which means, several Breaches of the 
Peace, Riots and Misdemeanours have escap't that no- 
tice which should be taken of such Crimes. 

8thly and lastly, Whereas her Majesty has been 
graciously pleased to admit the People call'd Quakers 
to bear and share in the several Offices of this Gov- 
ernment. Mr Sonmans has turned them out of Jinnies, 
and not admitted them to serve in th6se Stations in 
Courts of which he has been Judge; This is endeavour- 
ing to Defeat her Majesties good Intentions to her Sub- 
jects of that Pei'swasion, and render her Govermnent 
uneasie, which is what we are satisfied She in no means 
designs. 

Were there no more to be said against him than his 
being indicted for Perjury and Adiilteiy, we humbly 
conceive, would justifie what we are to desire of your 
Lordship: A Person of that Character being a Scandal 
to her Majesties Council; and we beUeve your Excel- 
lency will think it a Reflection on the Publick Admin- 
istration to continue him in that Station. We there- 
fore pray. That your Excellency would remove him 
from your Presence, Her Majesties Council, and all 
Places of Trust and Pi'ofit in this Province. 

By Order of the House, 

Thomas Gordon, Sj^eaker. 
March 18. Ui)^. 



1709] ADMINISTRATIOX OF LORD LOVELACE. 370 

Mr Sonmans Address to his Excellency is as 

foUoweth. 

May it please Your Excellency; 

Ever since your Excellency did me the Favour of 
letting me see the Addrdfe of the Representatives re- 
lating to me, I have diligently applyed my self to an- 
swer the same; but having been obUged to attend yom* 
Excellency daily in Council, and the Committees of 
the said Council, to draw and Copy every thing rela- 
ting to the said Answer my self, have not yet had suffi- 
cient time to perfect, but hope, by continual AppUca- 
tion to finish and deliver the same to your Excellency 
in three or four Days. 

Peter Sonmans. 
April 1. 1709. 



House of Representatives, March 22, 1 708 [1 708-9 ] 

May it Please your Excellency; 

The Representatives of this her Majestys Province 
of New- Jersey, have endeavoured, in vain, hitherto, 
to bring Peter Fauconnier, Esq; Receiver General of 
the last Revenue, to account; and he being novsr in the 
Province of New- York, under your Lordships Admin- 
istration, obUges us Humbly to pray your Excellency 
to command the said Fauconnier to attend this House 
with his Accoimts and voucher's of the said Revenue; 
which if he neglect or refuse to do speedily, we humbly 
desire your Lordship will be pleased to oi*der his Securi- 
ties Bonds to he put in Suit. 



HoiLse of Representatives, April 2 1709. 

May it please Your Excellency; 

Though this House has an Entire Confidence in your 



380 ADMINISTRATION OF LORD LOVELACE. [1709 

Excellency's Justice and Prudence, that your Excel- 
lency would dispose of the Money raised for the Sup- 
port of the Government, to the Purposes designed; 
yet we dare not say, that we have that Confidence in 
these Gentlemen that are now of her Majesties Coun- 
cil, which is the reason we have altered the formei- 
Method, and which we pray y%VLr Excellency will please 
favourably to represent to her Majesty in our behalf. 

By Order of the House, 

Thomas Gordon, Speaker. 



Address of Lewis Morris to Tjyrd Lovelnre. 

(From P. R. O. B. T. New Jereey, Vol. 1. C. 70.] 

Address of Mf Lewis Morris to the Lord Love- 
lace to which is annexed some Verses upon 
his addressing alone.* 

To His Excellency John Lord Lovelace Baron of 
Hurley, Cap- Generall and Governor in Chief in and 
over Her Majesties Provinces of New Jei-sey-New- York 
&c* and Vice Admirall of the Same. 
The Humble Address of Lewis Morris of Her Majesties 

Councill. 

May it please i/our Excellency 

T was not here when the Gentlemen of the Councill 
addrest Your Excellency, and am glad Providence has 
given me the Opportunity of appearing alone on this 
Occasion to congi-atulate the arrival of a Person New- 
Jei*sey has So much with impatience expected, to put a 
Period to an Administration, The Representative Body 
of this Country justly Stiles the woi*st it ever knew. 

' Referred to in Mr: Dockwras Memll: Reoetl: •-• November 17()!». 



I 



1709] ADMINISTRATION OF LORD LOVELACE. 381 

And I doubt not your Conduct will be Serviceable to 
Her Majes^** and pleasing to her Subjects, wherein 
those rash Methods, which caused the Infelicity of past 
times, will be avoided, and a just distinction made be- 
tween those Persons who endeavoured to make the 
World believe, the most Arbitrary Acts were an assert- 
ing of the Queen's Prerogative Royall and those who 
are equally tender of Her Majesties Honour and the 
Safety of their Countiy, and are for preserving to both 
then- undoubted rights. 

I promise to my Self the whole coui-se of Yo^ Admin- 
istration will be Uke this Temperate beginning which 
will imbalm Your Memory, and procure You a SoUd 
and lasting Fame when the Sti'ained Encomiums of 
Mercenary Pens will only prove Satyrs on theii* 
Authors, whose hate and praise is equally contemp- 
tible. 

My Poor endeavour shall never be wanting to con- 
tribute to Your Real Service, and I ask your favour 
and esteem no longer than while I approve my Self to 
be what I really am 

Her Majes^^r" Loyall Subject and 
Yo^ ExcelP'r humble & most 
faithful Serv! 

Lewis Morris. 



This addi-ess was delivered by M*^ Moms alone on 
Saturday evening, which made a Poeticall Spiritt, rise 
in some Gentlemen who on the next morning made 
the following Vei-ses thereon which were all about the 
Town by noon. 

The First Coppy. 

As Kings at their Meals sitt alone at a Table, 
Not deiji^iing to eat with the Ix)nl or tlie Rabble ; 
So the Great-I»wiij-Morri« presents an address. 
By liimself all alone, not one else of the mess, 



384 ADMINISTBATIOK OF LORD LOVELACE. [1709 

But, dire misfortune! when behold from afar 
A large black Cloud came flying through the Air: 
And as it nearer drew in view, 'twas plain 
It bore along the figure of a Man. 

A Generous Anger glow'd within his Eyes 
And from his breast proceeded doep-fetcht Sighs; 
Alas! Great God he cri'd, what have I done 
Thus to be punisht with so harsh a Doom I 
That Grubstreet writers should pervert my Muse 
And my Strong Fancy wretchedly abuse? 
Must those Dull Mortals Bunnian, Saffold, Case 
InmU me on this Scandalous Disgrace f 
To Tou, Great God, I show a Juster Claim 
Revenge my Quarrel, and assert my Fame. 
The God Suprized, demanded who he was 
And bid him tell the Meritts of his Cause; 
He answer'd thus — 

In fam'd Augusta's streets I am well known 
My Muse allow'd the Darling of the Town ; 
It often strikes the tender Viirgin's heart. 
And evr'y line wounds deep as Cupid's dart ; 
It paints the Miser, and the Spendthrift Beau. 
Tea-table-Scandal, and the Cuckolds row 
Nature it Self in its abtrusest Part 
1 search into, and mend it by my art ; 
My name is Garth, known in Cassarea's plain, 
Though distant far from Europe's fertill main 
The^e Doggrell Scriblers whilest from me they glean 
Debauch my Witt, to gratify their Spleen. 

What Nobler thought could ever Bard produce, 

Or charming lines flow from a Poet's Muse!. 

** Asses and Owls unseen themselves betray 

** When these pretend to hoot and those to bray. 

There is the thought I and those tlie well penn'd lines ! 

Which into wretched Nonsencc thus declines, 

^ *' As Ravens and Nightowles their Voices betray ( 

f " So Asses are certainly known when they bray. ^ 

AppoUo Started at the Rumbling Noise 

And thus He spake, and thus hetraifd his Voice 

You damn'd dull Mortals nere pretend to witt 
Nor attempt Poetry in Nature's Spight. 
Your Rhiming can't procure my Laughter 
Your Brain holds Witt just as a Sieve holds water 



vizt 



1709] ADMINISTRATIOK OF LORD LOVELACE. 386 

If er'e you think of Poetizing more, 

Or are found Nimming in Parnassus Store, 

Your Jaded Fancy like a tired horse 

Shall ever fail you, when you want her most. 

rie Shave you first, then write on Your thick Scull 

AU thafu within is Jffnorantly dull. 

These last Vei'ses Morris, nor the whole Morrisanean 
Faction either could, or would not answer, So we had 
no more versifying. 



Address from the Assembly of New Jersey to the 
Qiteen, referring to the Address of the Council 
complaining of tlie Assembly. 

I From P. R O. B. T. New Jentey, Vol. J, C. ftJ.| 

To THE Queens Most Excellent Majestie 

The Humble Address of the Representatives of 
Her Majesties Province of New Jersey/ 

May it Please Vour Majestie 

We ai-e veiy sorry that this address is occasioned by 
the unhandsome treatment we have met with in an 
address made to Yom* Majestie by y'^ Leiv* Governom* 
and Council of your Ma'ties loyaU Subjects the Repi-e- 
sentatives of ye said Province are accused of many 
gi-eat & heinous crimes and among the rest of a de- 
sign to throw off your Ma'ties prerogative Royall & in- 
volve your dominions in this part of y*" world & your 
good Subjects in them in Confusion, thereby to obtain 
their wicked purposes. 

We think our Selves under ye greatest obUgation to 
your Ma'tie for your Justice in appointing his Excell' 
John Lord Lovelace to enquire into y' matters of fact 
alledged in that addi^ss & to lay them before your 
Ma'tie, which we make no question he will do with 



> TranHinitUMi by Mr. Cockeril to the Karl of BUunford. 



3«G ADMIXISTRATION OF LORD LOVELACE. [1709 

much truth & J ustice & Set y' difference between y * 
Gentlemen of your Ma'ties Council and this House in 
its ti'ue hght 

We cannot accuse our Selves either of doing or de- 
signing any thing prejudiciall to yom* Ma'ties Service, 
& have said nothing we know of either in our Re 
monsti-ance or our Reply to y ' L' Cornburys answer to 
our Remonstrance but what was true & what we can 
make out by unquestionable proof, having us'd all y** 
caution we were capable of to inform our selves in y* 
Severall matters of fact there related, and had not y*" 
Addressers given too much way to y*' Resentments of 
y'' Lord Cornbury, we perswade om* Selves they would 
not have appear'd so violent in y^ Justification of a 
person whose conduct did not entitle him to So great a 
Regard as they have paid him. 

The intemperate language they treat us with, as it 
does not become persons in their stations, so we could 
wish they had forbom that unaccoiuitable heat so 
prejudiciall to your Ma'ties Service and Joyn'd with us 
in Such measures as might have conduced to y* pub- 
Uck good, but that was what they have (by this ad- 
dress) fully evinct we had no reason to expect from 
them, & we have but too much reason to fear they 
will make no Scruple of Sacrificing the PubUck peace 
of the Province to their private resentments whenevei- 
any opportunity is given them. 

We beg leave to inform your Ma'tie that this Address 
of the Lieut Govemour & Council was rejected in Pub- 
lick Council & is no act of Council, but sign'd by the 
said Liev^ Govemour & the rest of the Addressors at 
different times & in different places being carried pri- 
vately about for that end, & what is woi-se not only 
without that Consideration publick procedures of that 
kind required but by many of them as we have reason 
to believe without so much as reading of it as the 
Liev^ Govemom* himself has acknowledged he did. 

We believe the Safetie and welfai-e of your Ma'ties 



1709] ADMINI8TRATI0X OF LORD LOVELACE. 387 

Plantations in America is not ye meanest part of your 
Royall care nor of y* least concern to y advantage & 
flourishing condition of your Ma'ties kingdom of 
Great Brittain & that the Suggesting to your Ma'tie 
that all or any of them are inclin'd to throw of your 
pi-erogative Royall is an Endeavour to render yom- 
Ma'ties loyall Subjects in the Plantations Suspected 
to your Ma'tie & of aUenating your affections from 
them which must be of the last consequence to your 
Ma'ties affairs. 

We think our proceedings can not Justly be charg'd 
with the consequences they deduce, such we very much 
abhorr or any other measures that looks like want of 
duty, affection, or loyalty to your Ma'ties Royal person 
and Government and hope that nothing will induce 
your Ma'tie to believe the Conti^ary either of us or of 
any other of your Plantations in America. 

We cannot tell what reason these Gentlemen had to 
tell your Ma'tie that you would be disappointed in your 
expectations of a Revenue if some disUke of the As- 
semblys proceedings were not shewn by your Ma'ties 
Government was voted long before that address was 
made, and it was altogether the fault of y* Lord Com- 
buiy & y' Addressors that it was not mis'd, and this 
house is so far from making their Resentments any 
obstruction to your Ma'ties Service that in honour to 
your Majesties Commission they have given Leiv! Gov- 
ernour two hiuidred pounds for one yeai* though he is 
a person that has least deserved it of them & an office 
no ways usefull to yoiu* Ma'ties Subjects here, and 
which we ai'e not able to Support, and though we are 
one of the poorest of your Ma'ties Provinces in these 
parts have paid that regard to that office which New 
York tho' abundantly better able has not done. 

When his Exceir lepresents the matter of fact to 
your Ma'tie we doubt not you will i)ei*ceive how much 
your Ma'tie & yom* good Subjects hei'e have been 
abused by y* misi'epresentations of y* Addressoi-s, and 



388 ADMINISTRATION OF LOBD LOVELACE, [1709 

how unfit those men are who have so grossly endeav- 
oured to mislead your Ma'tie to be of your Ma'ties Coun- 
cil here and who we fear will create differences & 
animosities among your loyall Subjects which will 
wholly obstruct all Endeavom's for your Service or 
the good of this Province we humbly Submit to your 
Majesties consideration. 

We heartily pray that God may continue your Maj- 
esty a blessing to your Subjects and a Scourge to your 
enemies, give Success to all those good designs in 
which you are Engag'd and make your Ma'tie as happy 
as possible both here and hereafter. 

Severall of the Members of this house being of the 

people Called Quakers do Consent to the matter and 

Substance above written but make some Exceptions to 

the Stile 

By order of the house 

Thomas Gordon, Speaker. 
March y*: 31: 1709 



Memorial from Peter Fauconnier, Collector and lie- 
ceiver General of New Jersey, to Lord Comhxiry, 
recommending the adjustment of the Line between 
New York and New Jersey. 

iFrom N. Y. DociimentH, Secretary of StAte'B Office. Albany, Vol. I. p 85. • 

To his Excellency Edward Lord Viscount Com- 
bury, Cap? Gren? and Goveni: in Cheif of her 
Majasties Pi^ovinces of New Jersey, and 
New York and Vice-admiral of the same, 
(fee. 

The humble Memorial of Peter Fauconnier, 
Collector & Receiver Gren! of New Jersey. 

Sheweth 

That vo' Excellencies Memorialist, thinks liiniself un- 



1709] ADMINISTRATION OF LORD LOVELACE. 389 

avoidably obliged by the duty of y* office W'* yo' Ex- 
cellency has been pleased to bestow upon him in the 
Province of New Jersey, to apply to yo' Excellency (as 
Govern^ of both Provinces) and humbly to represent 
of what ill consequence it is to said Province of New 
Jei'sey, in the assessment and recepts of y* £2000 
Taxes lately laid by y'' Gen' assembly of that Province 
on all y Inhabitants thereof and on aco't of another act 
relating to y'' Militia and indeed to this Province of New 
York in like cases, that the limits and true bounds of 
both provinces be yett undecided so that the Planters 
that live on both Frontiers be theieby exposed to pay 
Taxes to, and fined for not mustering in both prov- 
inces (w*'.*' would be very hard) or both Provinces de- 
I)rived of w' one of them ought in justice to expect 
from them, for their proportion of Taxes &c. by them 
due to y province they rightly belong to, if a true line 
was runn and ascertained between both. 

For y reddress whereof yo' Excellencies Memorial- 
ist, most humbly prays yo' Excell. to issue out waiTants 
to the Surveyor General! of each Province to go forth- 
with (while it is yet time) with the assistance of such 
other Pei-sons yo' Excellency shall see meet, and fully 
instructed of wh* the Patents of both Provinces con- 
tain, to run an exact line l)etween both so y' upon a 
report of their proceedings, y o' Excell- asceitaining the 
true bounds of both y'' said Provinces the Inhabitants 
thereof may be exactly known and all disputs & contro- 
versies on that acct. intirely put at an end for time to 
com(», & yo' MemoriaUst shall ever pray &c. 

P. Fauconnier. 
New York, ap!2, 170J>. 



'390 ADMINISTRATION OF LORD LOVELACE. [1709 

Address of Lieutenant Oovernor and Cowicil of New 
Jersey to Lord Lovelace, rehUhig to the Proced- 
inqs of the Assembly, 

I From p. R. O. B. T. New Jeraey, Vol. 1, C. e7.] 

To His Excellency John Lord Lovelace Baron 
of Hurley Cap^ Gten^ and Commander in 
chief, in and over her Majesties Provinces 
of New York New Jersey and all the Terri- 
tories & Tracts of Land depending thereon 
and Vice Admirall of the same &c. [Pre- 
sented to said Gk)vemour in April 1709 
Rec? in London Septemb'l 709] 

My Lord 

Whereas youi- Excellency was pleased to acquaint us 
w*'' an order from Her Majestie communicated by a 
letter of my Lord Sunderlands to your Excellency 
bearing date 29 July 1708 in these words, 

Whitehall July 29**' 1708 
My Lord 

I am commanded by her Majestie to send y' Lordship 
the inclosed coppy of an address from the Lieuten' 
Govern' and Comicill of New Jei-sey comi)laining of the 
Proceedings of the Generall Assembly there, and to 
signifie her Majesties Pleasure, that you (upon your 
arrival there) inquire into the matter of fact, and send 
me an accoimt thereof as it shall appeal* to you, that 
I may lay the same l)efore the Queen. 

I am my Lord 

Your Lordships most Obedient hunib. 

Serv' 

Sunderland. 

Ta Lord Ijovelace 
Upon sight of which we acquainted your Excellency 



1709] ADMINISTRATION OF LOKD LOVELACE. 391 

that we should take first opportunity to enable you to 
give an account thereof that so it may he laid before 
the Queen. But to our great Surprize, we found that 
xf Excellency even before yon com^micated the said 
letter to us, had delivered a copy of our address unto this 
Assembly, who thereupon Spared none of the heats of 
the former, and could have no patience till her Majes*!*' 
pleasure was Known therein* but (besides a violent 
Prejudice contracted thereby against the gentlemen of 
her Majesties Councill for discharging their Duty to 
the Queen, have anticipated her Majest* Judgement on 
that affair and have contrary to all moderation and the 
forms of Justice Sentenced and condemned the Gentle- 
men of the Councill reviling them in their addresses 
and have left us in greater confusion than we were in 
before the Sessions when we might reasonably expected 
some Settlement for y'' future and Provision made for 
Payment of the former Debts of the Government, but 
find not the least Step towards either, but the main 
Business to Insult the Councill and officers of the 
(rovetmment and make envronchments on the Preroga- 
tive of the Crown, 

My Lord tis ti-ue there is a money bill passd,But whith- 
er it will bear the name of Revenue or be anything like 
a Settlement, or a Supix)!^ for a Government, or rather 
ivhither it be not the boldest Stroke at the Preroga- 
tive that ever ivas made in America, and whither it 
will not be an Example to the rest of her Majest*" Col- 
lonies we humbly leave to her Sacred Majesties Deter- 
mination. 

And indeed my Loi*d, we think it impossible under 
this Establishment for the officei-s of the GoveiTim* t<> 
act with Honour and Justice and hold their places, 
wliich aie now bf^come Precarious and only dei)end up- 
on the will of a PcU-ty, So that if a Chief e Justice give 
Judgeni* with the greatest reason & wairant of Law 



IVJ'^ ADMINISTRATION OF LORD LOVELACK. [1700 

and Equity, yet if it Effect or but dislike any of the 
leading men of the faction, out he must go, or stai-ve 
the next year, since thei'e will be nothing allowed for 
his Support, the same by the Lieut. Govern^ nay a 
Grovemour himself, if he dares put any thing of the 
laws in practice and honours not the world in their in 
croachments on the Prerogative, and their Ucentious 
Riots and Innovations, and this Justice we do not 
doubt from Your Excellency to remember that we 
each man of us Shewed our particular dislike to the 
Said Bill and largely oflford our reasons ags* it and as- 
sented to the passing the same from bare necessity, 
not thinking it prudence the Assembly who had lev. 
elled at us in their addresses & over i-un us here like a 
Torrent, The advantage over us to say, They had 
i*aised a Revenue for the Support of Govemm* and the 
Councill threw it out, since hitherto they have not 
been able to make a single chai*dge against the Coun- 
cill, other then that they are guilty of Addressing her 
Majestic, whose Boy* Judgement thereon we humbly Pre- 
sume is tlie only Trihunall we are liable to, and shall 
with all duty and humiUty I'eceive the same, whether 
it contain a censure or a justification. 

These things we thought fitt to Intimate to y' Excel- 
lency & shall proceed to obey her Majest" conmiands 
in laying the matter of fact in relation to our Address 
before y^ Excellency that the same be laid before her 
Majestie. 

But must fii-st begg leave to touch ui>on such a piece 
of Injustice in the fii*st Assembly, which gave the fii'st 
heart burning and was the originall of our i^resent Con- 
fusions, that it may be was never pai'alelld in any 
age. 

The matter was chiefly the Projection of .)/' l^utt\s 
MorriSy Doctor John Johnston and Jf'. Geonje 117/- 
locks, who having obtained a Sherifl" for their Turn 



1709] ADMINISTRATION OF LOKl) LOVELACK. 303 

viz* Thomas Oordmi our Present Speaker of the As- 
sembly^ who then Kept a TaphoiLse at Amboy to be 
High Sheriff of Middlesex, — and having obtaind the 
writts for choosing Representatives for this Eastern 
Division to be directed to him the Said Gordon, whose 
necessity rendered him so much their Tool, That they 
were sure to have whom they pleasd retumd, and ac- 
cordingly when the writt was PubUshed and about 
Thirty Six appeared on the one side and about Three 
hundred on the other, who alledge that they demanded 
a Pole and were refused return was made by the said 
sheriff Gordon in favom* of the thirty-six. 

The other Party em-aged with this, hardly for- 
bore offeiing Violence to the Sheriff and his Party, 
But by an Extrodinary temper and prudence of some 
leading men mischiefe was prevented in hopes of a 
i*edi*ess from the Justice of the House. 

But upon Petitioning ags' the said Sheriff for the 
falseness of his return they received such Injustice as 
must amaze mankind and remain an IndeUble mark 
upon a Representative body of the Jereeys, For after a 
vote past the House on the 13'? Novemb^ 1703 That the 
Petitioners have leave to call such Evidence as they 
may seem meet to prove then* allegations in their said 
Petic'ons, So that the number of the Evidences do not 
exceed twenty, and a vote Enterd, of 16 Nov' 1703 
viz* Cap* Jn Brown pi-aying leave to be admitted, de- 
sired the House to gi-ant him a Summons for three 
l>ersons (which were unwilling other vsdse to appear as 
Evidence for him) to make good his Allegations in his 
Petition aijainst T. Gordon: Esq' 

Resolved That the former oixler of this House to 
Richard Saltar and othei-s to [)roduce such Evidence as 
they shall think meet to prove the allegations of their 
Petition, the number not exceeding Twenty, was 
Sufficient, and the House does not think fitt to grant 
any other, Yet after this when the Complainants at- 



394 ADMINISTRAtlOX OF LORD LOVELACE. [1709 

tended with their Twenty Evidences, to prove the Al- 
legations of their Petition, They were deny'd produc- 
ing any Evidence or being heard by y' Councill and 
the following votes of the 18'** Novembf past in these 
words. 

The House after long Debate, whether the Evidence 
produced by Thomas Gordon Esq' and Examined be- 
fore this House be suflScient and no further Evidence 
be allowed. 

A motion being made and the Question put, That the 
Evidence which was produced for the Regulaiity 
and Legallity of the Return made by Tho: Gordon 
Esq' for Members to sitt in this House was sufficient 
or no, and it past in the Affirmative. And in the 
afternoon of the same day, Resolved, That the said 
Petition of Cap' Jn? Brown and others be dismist, and 
the said Tho: Oordon was then a sitting member in 
the House being returned by ye Constable of Amboy 
for that Town, being in the County of Middleseiv for 
which he was High Sheriff, 

My Lord, we have been the larger & more particu- 
lar in this matter because it has been the rise of all 
om* disorders and that we thought it highly necessary 
Her Majesty bee fully acquainted \vith the circum- 
stances of the unhappy Province, and of the Busie de- 
signing men that have run us into these Confusions, 
It may probably seem strange, that three or four fac- 
tious men Should be capable of Infatuating mankind, 
and misguiding them so contrary to theii* duty & 
true Interest; But when by Specious & Popular Pre- 
tences the honest well meaning men have a blind 
drawn over them; and the Quakers who like Sheep all 
leape after the Bell -weather. If the leading man of that 
Pereuasion goes wrong, and they the Major part of 
the House, the whole may easily be supposed to go 
Astray. 



1709] ADMIN'ISTKATIOX OF LORD LOVELACE. 395 

May it Please your Excellency there is yet one thing 
more we judge highly necessary to take notice of viz^ 

The Dissatisfaction of this Province at the favour 
Shown by your Excellency to a high floivue Jacobite 
[Geo. Willocks '] to whom we attribute part of our 
Present Misfortunes: the Roars of the Assembly and 
the Divisions that are amongst us, He being a man of 
a restless and uneasie temper, who not only refuses to 
take the oaths prescribed by act of Parliament him- 
self but upbraides other Gentleml. luxu even the Mem- 
bers of the Councill with being damned for taking 
them and at the same time is tiTisted with a Dedimus 
Protestam from your Excellency to swear the officers 
of the Govemm^ and amongst the rest a Quaker High 
Sheriff of the County of Burlington although he lives 
unthin fifty paces of the Lieuten^. Goveiiiour rode fifty 
miles to this Non- Juror to take the Oaths. 

It was impossible your Excellency being a stranger 
could have any Knowledge of men but by recom'en- 
dation but it must be allowed to remain a just reflec- 
tion upon those who had the Impudence to recom'end 
him for that End, which none but a man in love w* In- 
consistencies would have offered at, and gives just 
grounds to distiaist that those who have acted so pre- 
l)osterously will stick at nothing to carry on their 
wicked Designs. 

This man we look upon, My Loid, as a dangerous 
man was a Confederate with M'. Morris in the former 
disorders of the Prorince and Prosecuted for PubUsh- 
ing a Libell against the Govern'"' in my Lord Com- 
l)urys time, and is still under Prosecution for the same; 
au active and malitious PrefeiTor of Indictments 
iigainst the officers of the (xovernm^ is a man always 
noted for a Peevish and Turbulent Temper — by name 
George Willocks, 



For notice of Mr. WIUocIcm. See Vol. II., page \». 



396 ADMIN18TKATI0N OF LORD LOVELACE. [1709 

'* This man my Lord hath had too great an Influ- 
"' ence over the Assembly, even to Scandall hath had 
'' a great hand in directing all that has past the House. 
' ' By Drawing of Bills & tampering with y "^ Membei-s 
'^ Insomuch that there has hardly a Comitte sat 
*' without him, where he hath undertaken to take 
' ' Examinations, and threaten the Parties if they did 
'' not make answer to his Questions, This man is now 
" busie in all what relates to Governmf in the highest 
*' degi*ee Industriously crowding himself into juries, 
* ' and by a BiU which past the House, but was rejected 
*' in the Councill designed afttrther liberty mid Privi- 
'' ledge to Non-Jurors and Quakers then the laws of 
•' our Latid allow. 

These things my Lord we thought it our Duty to 
premise and come to our Answer, and cannot but take 
notice of their first step in Relation to the Remon- 
strance of the Assembly which was both unusuall & 
Inconvenient, a Method Scarce becoming honest Peace- 
able men who sought redress of grievances, but rather 
Prejudiced Peevish Persons to gratifie then* Malice. 
For the House of Representatives after they had 
searched for and Resolved what were the Grievances 
of the Province, Instead of fii^st Repi'esenting them to 
his Excellency & expecting a Redi-ess at home, They 
apply by way of Petition and Complaint to the Queen 
That this is matter of fact the Votes will Justifie, for 
the Petic'on to the Queen the Letter to Mr. Secretary 
Harley and the Order to the Speaker to Sign both Pe- 
tition and Letter past in the House and wei-e accoixi- 
ingly Complyed with. Some Days ei-e his Excellency 
receiv'd the Remonstrance of their Grievances or had 
ever denied to redress them, or could Imagine any 
thing of that matter. Now where is the justice, 
where is the Ingenuity of such a Proceeding? and we 
doubt not but her sacred Majesty and the great minis- 
ters of the State will hereby perceive their noise of 



1709] ADMINISTRATION OF LORD LOVELACE. 397 

grievances to be of no other use then to gratifie their 
malice and carry on theii* Evill Designes. 

This together with the Knowledge that we had that 
they were hudUng up their clamour against his Excel- 
lency and that as soon as they could get the Address 
to the Queen and the Letter to MT Harley finished 
which tliey stiU Keep as a Close Secrett and have 
made no Entry to this Day on the Joumall of the 
House tliey Resolved to adjourn tlieniselves, and as far 
as we could apprehend to return no more, imder a pi'e- 
tence of being Slighted by my Lords making a short 
Voyage down Delaware River in Obedience to her 
Majesties com'ands to take a view of the River adjoyn- 
ing to that Government while they were Sitting. 

' ' Those imf air and unworthy Proceedings and that 
* ' most audacious pride of the Speaker in the Delivery 
' ' of the Remonstrance, by often stopping and staring 
** my Lord in the face, in Svch an Insulting manner as 
""was odious to all men of common Modesty, and more 
' ' particularly when he came to that part wherein they 
'' word it highest upon his Lordship; where he made a 
* ' full stop, pull'd off his hatt laid it downe upon a chest 
' ' of Dmwers, returns to his place, sits both arms a Kim- 
'' boll with his thumbs upon his Hipps, and m that pos- 
* * ture stares my Lord a considerable time in the face, 
* ' then dehberately puts on his spectacles and proceeds 
' " in his Triumph, So Odious an Lisult, so Detestable a 
' ' Pride was never ])ef oi^e been off or'd to the Person of a 
**Gk)vemour. 

This with the ferment the Country was put into by 
open railings, and a number of Seditious Pamphletts in- 
dustriously Spread among the people caused us with 
Just reason seriously to deUberate upon the miseries of 
this Poor Province, and finding the Assembly instead of 
Discouraging the disorders we labom^'d under, making 
Resolves in the House for the encoui^agement of such 
as the Govemm' thought fit to prosecute by a Due 



398 ADMINISTRATION OF LORD LOVELACE. [1709 

Course of Law for making and Publishing the said 
Seditious Libells as appears by their votes of fry-day 
the 31-' October 1707 

Their Resolutions of not raising any money for the 
Support of the Govemm* nor of making or repairing 
jayles, a work of so absolute a necessity, But finding 
them so throwly Guided & Driven by Mr Morris and 
Sam' Jennings whose mischievous tempers this poor 
Country hath for many years past groaned under, 
we thought it our duty in Conscience to testifie to her 
Sacred Majestie our dishke and abhorrence of the 
Same. 

The Assembly appointing a Clerk of the Com'itte of 
the whole House and Eoccluding the Clerk of the As- 
sembly commissioned by the Crown, we did then and 
must Still think it a high Encroachm* upon her Majes- 
ty" Prerogative Royall, which matter of fact is evident 
by their votes of Aprill the Eight 1707 Thomas ff arm- 
ar a Member of the House being by the House apoinfed 
Clerk of the Com^itte of the whole House thereby not 
only encroaching on the Prerogative but robbing the 
Country of a Member for a Clerk cannot vote. The 
Rude and Contemptible treatment of the Queen's In- 
structions by M!' Morris M!' WiUocks dt others before 
the Oovemor and CounciU of w'ch we ai'e all witness- 
es, and the Assemblies forming two articles of y* 7 
viz^ Their Sixthly and Seaventhly in their Remon- 
strance, with that heat against my Lord Cornbury 
barely for Obeying her Majesties Instructions, appear- 
ed to us to be a Diminution of the Prerogative Royall 
and of very evill consequence, ffor the Resolucons & 
Instructions of Princes are the fruit of great wisdom 
and Deliberation and ought to be steadily persued 
and not lightly altered, much less contemned and de- 
spised by the subject in the face of the Gorerument it 
self and how high a ralew Mr Mollis puts upon the 
directions of the f^trds of Trade Your Lordship hatlt 



1709] ADMINISTRATION OF LORD LOVELACE. 399 

heard in part by what he oflfor'd upon the Surrender 
of the Jersevs, who in Contradiction to what their 
Lordships assert in their Report to her Majestie of y* 
25^*" of Jime 1702 as to the Surrender, that it was ab- 
solute and not condition' and also their Directions to 
my Lord Combury on that matter bearing date the 
fourth of flfebruary 1705 in these words, viz* 

' ' We must likewise observe that what has been al- 
' * ledged in i*elation to the Pretended terms of Surren- 
''der of that Government is not true; we did Indeed 
* * consent at the Proprietors desire to add some clauses 
•*to your Lordships Instructions, but that was no con 
' * dition of the Surrender, and therefore we think your 
'* Lordships has done well in maintaing the Contrary. 

Notwithstanding which your Lordship hath heard 
My Morris affirm the Contrary, and say that he knows 
this matter better than their Lordships; and whilst the 
Gentlemen are so tender of the Honour & Prerogative 
(as they call it) of the House, for that very term [of 
Prerogative] was arrogated in the House by Mr. Gor- 
don Speaker of this Assembly, in the very Sessions; 
and made use of to deny the Membera their Priviledge 
in putting a Question though Demanded and Seconded 
by severall Membei's of the House which we look upon 
to be wholly arbitrary and a notorious violation of 
the Priviledges of the Subject, and whilst they that 
assume to themselves the Councill is ti'eated with the 
utmost contempt Mr Morris himself even during the 
Sessions of this Pres* Assembly '*teUing a Gour of the 
"CounciU, That he knew no Priviledges belonging to 
''them as Councelloi-s, That the Loixis at home had but 
''two. The one, that they might not sware, and the 
'* other that they might not be arrested, and the conse- 
"queuce was that no body would trust them nor no 
'' body would l^Heve them, These words were spoke at 
Harrisons before a great iiumber of meu. 

These ways did then, and do still appear to us to 



400 ADMINISTRATION OF LORD LOVELACE. [1709 

lead to the lessening her Majesties Honour and Dig- 
nity as well as to the disturbance of the Peace and 
welfare of the Country. 

Then for the notorious violations of the right and 
liberties of the Subject by the two former Assembly^; 
For the first in Relation to tlie Justifieing the then 
Sheriff (naiv Mr Speaker) Oordon-s return as is aZ- 
ready set forth nothing could be more imjust, noth- 
ing of a more pemitious nature to rooting up and de- 
stroying of all the Priviledges we Boa*5t oif as English- 
men; 

And for the violation of the Liberties of the People, 
they cannot according to our understandings be true 
or more clearly exprest then in the words of my Lord 
Combury in his answer to their Remonstrance viz' 

" You have presimied to take the Queens Subjects into 
'' the Custody of your Sergeant at Arms who are not 
'* Members of your House, which you cannot lawfully 
"do, and is a notorious violation of the Liberties of the 
"People, this matter of fact appears in the votes of the 
"20^»» of ApriU & May 30'»^ 1707 

" You have taken upon you to administer an oath to 
''one of your Membei-s, and have expelled him the 
' ^House for refusing to take an Oath which you could 
'* not legally administer to him, This is most certainly 
''robbing that Member of his Property; and a most no- 
"torious assuming to your selves a negative voice to 
" the flfreeholders Election of their Representatives foi- 
* ' which there can be no President f omid. 

" This matter of fact appears in jthe votes of ApriU 
''the29^»^ 1707 and of Aprill 30^»' 1707. 

' * You have Ai'bitrary taken upon you to Com- and thc?^ 
' ' High Sheriff of this County to dischardge a Prisoner 
* ' who was in his custody at the Suit of one of the 
' ' Queens Subjects and he has been weake enough to do 
' * it, for which he hes liable to be sued for an Escape 
'* whenever the gentlemen thinks fit to do it, and fi-om 



1709] ADMIKI8TRATI0N OF LORD LOVELACE. 401 

' which you cannot protect him, This is a notorious vio- 
*'lation of the Rights of the Subject, and a manifest 
*MnteiTuption of Justice This matter of fact appeai-es 
'* in the votes of the first of May 1707. 

To add to these, the attempt of the House of Repre- 
sentatives to make void severall Bonds duly Executed 
before credible witnesees, as may be seen in the min- 
utes of ^ house of the 3* of May 1707, many of the 
Pei-sons Indebted on the said Bonds Ihought they were 
bound by the laws of God and man to make good their 
Obligations which they have accordingly coinplyed 
with, and othei-s who thought the vote of the House 
would anticipate the Verdict of a Jury committing their 
cause to the Decision of the Law have l>een obliged, 
by Judgement to pay the Same. 

And on the SO'.*" of Aprill the same Sessions the Rep- 
resentatives of the Province thought fitt to expell 
Cap^ Jn" Brown their House, the tenth of May follow- 
ing. Mr Lawrence moved that a writt might Issue 
out for the choice of a Representative to serve in the 
County of Monmouth in the Room of Cap^ Johii 
Brown who was Expelled the House, But the motion 
was referred to a fuithe]* Considei*ation; so that dnr- 
hnj tJu' sittimj of that Assemblt/ the Proper Methods 
were never u.sed to fill up that vacancy^ as is evident 
by the minutes of the House, their not sending for one 
of the Menjbers chosen to serve for the County of 
C-ape May who never appeared dnrimj the irhole Ses- 
,*fio7is, and was not only tlie occasion of the loss of a 
Member to that Countv but Ukewise to the whole 
Province. 

The falseness as to matter of fact of the Chaixiges in 
th(» Remonstrances are ali-eady taken notice of in my 
Lord Cornburys answer, to which referr; Those that 
apix^ar so to us in the reply are as follows 

First it is eiudentlji false what is said of the Hon- 
ourab^ Colloii^ Richard luyoldshy the Liveten^t Omi- 
26 



4()J> ADMINLSTIIATION OF LORD fiOVELACE. [1709 

em- that he was so far from doing right that he de- 
chned doing any act of Govemm^ at all & for we know 
he liath dischardged the duty & trust of his office in 
executing Ac^ts of Govern m^ as occasion I'equired and 
the Honoiu- Justice and Moderation of that Gentleman 
and other officers of the Govemm^ is what alone is the 
present cause of their ill ti'eatment, and as matters are 
circumstanced an equall and Impartiall dist||;ibution 
of Justice, and Steady obedience to her Majestfes Roy- 
all & just Commands threaten ixiine to all who have 
the honoiu- to bear Commissions under her Majesty m 
the Province. 

Her Orations Majesty is not intrusted with the dis- 
tribution of one penny of mony rais'd in tfie Province 
no Revenue {or any thing like it) for the Support of 
GovemmH nay so much as to defray the chardge of an 
Express in sending a message from one part of the 
Province to the other or giving the Indian Sacliems a 
Pot of Syder or a Dram of Rum as occasion may re- 
quire at the caUing them in to treat with them; and 
there is at this present owing to the Secretaiy for Ex- 
presses and other contingencies a considerable sum for 
in near six years he has been in the officre he has only 
been reimburst for the Incident chardges of two years 
and )(()ne of the officers of the (roremmeHt have re- 
craved one penny by virtue of their offit'e for any 
longer time since the Govennn't came into her Majes 
ty\s Hands then for two years and unless her saci-ed 
Majesty' Justice Interpose nmst from the Infatuated 
humour that reigns amongst us (so contrary to the 
Honour and Safety of the Cro^vn and contiary to th(» 
common Justice and reason of mankind) never ex- 
pect to be reinibui*st, or any ways considered for their 
Chardges or Expence of time in the dischardge of their 
Duties. 

The Queen indeed has the power of connnissionating 
Governours and Judges &c' but we are taught from 



1709] ADMINISTRATION OF LORD LOVELACE. 403 

the Proceedings of this Present Assembly and the for- 
mer, that They must approve of the men, and that 
their places are wholly Precarious for no longer then 
they are tmckling tools to the flfaction that is upper- 
most, shall they reap one farthing advantage from 
their Com'issions, for tho' they can fix no chardge to 
remove them, or have power to Supei'sede their Com'is- 
sions, yet they have an approved remedie by starving 
them out, and unless we must run into an Independent 
Com'on- wealth it will be necessary her Sacred Majestie 
exert her Authority over us to inform us that we are 
part of her Majesties Dominions and Dependant upon 
the Imi)eriall Crown of Great Brittain. 

The Reply it self says that two hundred Pomuls tvas 
give)t by Doctor Johnson to serve the Proprietors^ and 
a little before saies that money was raised for base de- 
testable Ends, Such as no man who had a Spark of 
Honour Conscience or Honesty would have admitted 
the thought of being only fitt for a Seccmd Ouido Faux 
viz* 

The Dissolulion of the Assembly and the Procuring 
Such officers as the (Jontnbutors shotdd approve of 
If tnie every one must allow it was honid villainy and 
most Detestable Knaveiy in the officers, and if they 
had been Gratified therein would have utterly iTiined 
this Province for some men have shown the world by 
the Election at Amboy ah-eady mentioned ivhat they 
could do if they had Sheriffs of their onm ; and they 
have showed at a Court of Common light held at 
Amboy irhat they could do if they had the appoint- 
ing of Judges and Clerks, where the Proceedings were 
so monstrous, that we appeall to the Conscience of 
(^erv man that reads them whither they ever heard 
the like. The (^ase was thus: 

It was at a Court of Common Right held at Amboy 
in an action between the Proprietors PP and Jeffery 
Jones Def^ When Tlioinas Gordon the Present Speaker 



404 ' ADMINISTRATION OF LORD LOVlELACB. [1709 

na^ Clerk of tJie Caitrt ; and as the Jury wei-e called 
over Each rnan was asked by him whither he held 
under the Proprietoi^s or Geni'* Nicholls his Patent ? If 
he answered under Gtenr' Nicholls Patent, he was bid 
go to the left, he was not to serve on that Case; If he 
answered under the Proprietors, he was bid lay his 
hand on the Book, Under which Goodly Method, out 
of twenty four summoned, they pickt out a Jury of 
Twelve, who nevertheless found for the Defendant and 
yet notwithstanding this, The Court gave Judgm* for 
the Pl^ which Judgment has since been reversed in 
England, 

Must not the Ears of every honest man tingle that 
hears it and ought not this Poor Province have a just 
fear and dread of men who have behaved themselves 
so ill ? and are unhinging the very frame of Govemm* 
and are now crouding into Publick Affaires with an Im- 
pudence only Peculiar to themselves. 

That Tivelve Hundred Pounds was offered to my 
Lord Coimhury in behalf of some Prete)ided Pro- 
prietors toperswade his Ijordship to pass a certain long 
Bill drawn by M^ Morris and the bnsie Non Juror 
WiUockSs His Lordship will proove when required 
and we think it highly to i-edound to his Honour that 
he rejected the offer with contempt; and his Behaviour 
in that matter we can also witness to be consistent 
with Honour Prudence and Justice, by taking i>ains 
to Informe himself by Several! Pubhck hearings with 
CouncUl on both sides what might l)e alledged for or 
against passing the Same, % sending a Coppy of thr 
Bill to the Lords of the Comittees for their Directions 
in a matter of so gi'eat Moment, who in answer theivto 
of the 20 of Aprill 1705 are pleiised to dii^ect in these 
very woixJs. 

"We agree with your Ijoixiship That the Bill tu 
*' settle and confirm the Estates of the P]X)prietoi-s as 
*' you have ti*ansmitted it to us, was unfit to be Past^ 



1709] ADMINISTRATION OF LORD LOVELACE. 406 

'* your Lordship will do well therefore upon all Occa- 
** sions to Examine Carefully all the Bills that shall be 
'* presented to be Past into Acts. 

And on the other hand it appears by my Lord Corn- 
bury his Speeches at the opening of Every Sessions, 
That he has Recom'ended it to the Assembly to Pre- 
pare a Bill or Bills to Settle the Rights of the Pro- 
prietors. So that it must appear that in this matter he 
has carried it w^** Equall and Indifferent Justice, and 
the rage of his Enemies seems only because He would 
not be Bribed to Injustice. 

And another daring Untruth is asserted in the Reply 
when they say, They acted as became an House of Rep- 
resentatives in the affairs of Jf Oordon &c. That 
whole matter viz* Their Proceeding with relation to 
the Election at Amhoy is already so largely spoke to 
that wee would say no more but admire the courage 
of men who build Trophies upon such absurd and such 

apparent falsities 

Tlie rude and unmannerly treatment of the then 
Govemour my Lord Combury both in Remonstrance 
and Reply is such as we presume no age can parallel, 
such Conceited Oratory Crooked Illustrations and ever 
strained flourishes to make Shadows appear Sub- 
stances; such daring chardges without any proof. But 
(we have Reason to beleeve) such arro-gant Taunts & 
malicious Sarcasms appear throughout the one, and 
the other. Together with the falseness of severall alle- 
gations; that we can deem them no less than Scandal- 
ous and Infamous LibeUs. 

And Indeed, My Lord, we did then hope that my 
Lord Combmy his fuU and ample answer would have 
opened the Eyes of the Assembly, and brought them 
back to their reason and duty, or else we should sooner 
have dischaixiged our duty in giving her Majestie a 
Representation of the unhappy circumstances of this 
her Majesties Province and Government But alass! 



406 Ai)MlXISTRATlOK OF LORD LOVELACE. [1709 

Those few Turbulent and uneasie Spirits have still 
been able to Influence and amuse the Judgments of 
many well meaning men in tliat Body (and we Pray 
God Your Excellency feel not the Effects of then- De- 
vices) and did lay a necessity upon us to Represent the 
true Cause and what wee conceived may be a remedy 
to the Confusions this Province laboured and still 
labours imder; and that we conceived those disturb- 
ances to be wholly owing to the uneasie and disloyall 
Principles of Two men in tJuit Assembly^ M"" Lewis 
Morris and M^ Sami Jennings a Quaker, never known 
to be consistent with themselves, Men to whom all the 
factions and confusions in the Government for many 
years are wholly owing, In which Expressions we 
thought our selves fully Justified in om* own knowl- 
edge of the men, and their Actions in the world. 

But to Enable your Excellency to lay matters of 
Fact before her Majestie; and that she may come to a 
true knowledge of these Gentlemen, we sliall give you 
a further Character of them. 

As to if Morris the whole County where he lived 
namely the County of Monmouth are witness to his 
troublesome temper, whereby he was a perfect torment 
to his neighbours; those who know him best have most 
i-eason of complaint, And since he came to write man 
hath been Eminently concerned if not Priacipall in all 
the Rebellious & Disorders that have been in this Pro- 
vitvcCj as may appear by his own hand tvritiny of 
which No. 24, 25 & 20 are Coppies ; and by Records of 
Courts and Certificates No, 4, 5, tJ, 7, J> ct 12; Affi- 
davits No. 1, 2, 1:^, ^ 8 there is hardly a County in the 
Eastern Division wherein he did not succeed to stirr 
tliem to dangerous and notorious Riotts and liebellions, 
but only the County of Bergen where he did not faile 
for doing mischiefe for want of good-wiU, But that 
the Dutch People therein were wiser, and ti-eated him 
with that Contempt his Evill Designs Requii-ed; ffor 



1709] ADMINISTRATIOK OF LORD LOVELACE. 407 

his old and Present Confederate the Nonjuror IVil- 
locks and He made a Journey (or Voyage) into that 
County to Infuse the same notions of Rebellion ags' 
Govemm* as they had preached at EUsabeth Town, 
with better success. But ail they (jot of that People 
teas lliey did not understand oversetting of Qovernm^ 
and pulling Magistrates Judges and J^istices from the 
Bench ; It was a werke they had no liking to ; and so 
closed their Resolutions among themselves, that they 
would not have to do with the Spiker-maker; That 
was the very term of Contempt (being Dutchmen) they 
used towards Morris grounded upon the Iron works his 
Unkle left him, 

What we have said of M*^ Morris and Samfcell Jen- 
nings Viz^ That They were men notoriously Known to 
be uneasie under all Govemm*^ men, never known to 
be consistent with themselves Men, to whom all the 
Factions and Confusions in New Jersey and Pensyl- 
vania for many Years are wholly owing, Are such no- 
torious and self Evident Truths, That they may be 
rankt among the Perspicna Vera qnce non stent Pro- 
banda, 

But after the Red-hott Letters of 3f r Morris Espe- 
cially that to the Governm* No. 2^ — n.^hi<;h is wrote 
with that Pride and venom that Bedlam would scarce 
afford a man mad enough to sett a Governm* at such 
Defiance and treat Gentlemen with that contempt ; and 
his and Wil locks their Short Epistle No, 12. aforesaid 
brought into the Councill by M"* WiUocks whilst the 
Assembly was sitting, and Morris and WiUocks 
aimard a Sloop turning it in the Bay before the Town, 
Firing Chins as by tvay of Defiance to tlie Governm'. 
and the Record of com'on right no 4. 5. 0. 7 &c* in all 
which Morris was personcUly contriver and actor of the 
Disorders as also the Records of those Dangerous Riots 
in Essex County (after Moms' Inconsistencies had 
made him Almanzor like change Parties) carried on 



408 ADMINISTBATIOK OF LORD LOVELACE. [1709 

by the same Principles and the same men that Morris 
had stirred up into Rebellion, where a Body of about 
seventy horse came Purposely to destroy the Courts, 
Pulled the Magistrates of the Bench, tore their Cloatfas 
from their Backs, Striking and abusing them with the 
greatest Billinsgate Language they could find as ap- 
pears by the Record of the Court of Sessions at New- 
ark N? 28. 29. A Place where Morris himself in Person 
with most of the slame men had used a Court much at 
the same Rate hut a little before. So that his affording 
them Precepts and Examples the last Rebellion (tho he 
was not Present) may Justly be laid at his Door. As 
also that other Ryott of forcing the Keys of the Jail 
of the County of Essex from the High Sheriff, and 
abusing his Person, and setting Criminals at liberty, 
being no more then was done by the same men, (as 
appears by the Records of the Court of Com'on Right) 
but a little before in Middlesex Coimty, for iff Morris 
when with a Beam of an house they Batterd Wood- 
bridge Jail to Pieces and set him and his Seditious 
Companion Willocks at liberty. Who were there 
comitted for Sevei*all High Crimes and ICsdemeanoui-s 
as appears by the Presentm* of the Grand Jury No t> 
and 9. 

My Lord, when Morris began to disturb the Peace of 
this Province the People were quiett under the Prop- 
rietoi's Government; in Conformity to a Command 
from the Crown under King Charles the Second his 
Hand, Dated Novemb. 23. 1683, wherein his Majesty 
'^declai-es his Roy all will and Pleasure and doth 
''Strictly chardge and comand The Planters and In- 
** habitants, and all other Pei*sons coucernd in the Said 
' ' Province of East New Jei-sey, That they do submitt 
'' and yield all due Obedience to the laws and Governm* 
'' of the Grantees their heirs and Assignes as absolute 
"Propriet's. and Governoiu^ thei'eof, And we have 
Just reason to say that the Disturbances of this Prov- 



1709] ADMINISTRATION OF LORD LOVELACE. 409 

tnce seems to be owing wholly to those two men xrizf- 
Lewis Morris and 8am} Jennings^ their naturall tem- 
pers and the constant business of their lives was to be 
always in Broiles, always in Contention; Hiunanum 
est Errare, sed Diaboli&n perseverare ; Those mens 
Extravagances are a large field; But after an Instance 
or two more of Morris's Inconsistencies shall desist. 

When M' Morris was in the Councill at the Begin- 
ning of my Lord Combury's Govemm* he was against 
allowing any Authority in the Courts of the Province, 
Because the Broad Seal was not yet arrived, which 
alone could give them a Sanction, and the first Differ- 
ence between my Lord Combury and him was upon 
that head. Bxit M^- Morris in the Assembly is not at 
all like 3f v Morris in the Councill ; for notwithstand- 
ing his opinion given warmly in Councill of the neces- 
sity of the Seal of the Province, Yet you find this 
Orator who had the penning of the Remonstrance for 
the Representative Body of y^ Province makes it their 
fii'st and gi-eatest Grievance. That Two women, con- 
demned not long after Lord Comburys accession to 
this Government were yet living; when both Mollis 
and the Rest of the Representative Body of the Prov- 
vince Knew that they were tryd aiul sentenced by a 
Court held before the Seal of the Province arrived ; 
But it is plain that if Execution had been done on that 
Sentence, yet however the Grievance might not have 
hi^n lost, nor the fine Speech in the closure of it for 
without any alteration of y* least Syllable and with a 
great deal more of reason, by only putting the Judges 
in the roome of the women it might stand as it does 

* ' How far it is a Reflexion on Publick Administra- 
*' tion to suffer such wretches to pass with Impunity 
'* we dare not say but sure the Blood of these Inno- 
*' cents cries aloud for Vengeance and Just Heaven 
* * will not fail to pour it down upon our ah-eady mis- 



410 A.DMINI8TRATION 01? LORD LOVELACE. [1709 

*' erable Country if they are not made to suffer accord- 
" ing to their Demeritts. 

The hast the Country was in for Tryall of the said 
women and amongst other reasons there being no 
Judges to Secure them occasioned my Lord Combury 
to grant a Special Comission to some gentlemen of the 
Western Division for their Tryalls, wherein there was 
Irregularity suflScient to set aside the former Sentence, 
and to our Knowledge My Lord had taken some Steps 
therein in order to a new triall before the Judges of the 
Province by allowing a widt of Errom' but in the 
mean time they made their Escape. 

That this may be called a Grievance to a Province 
that there is no Jayl tohold a Crimminall we allow, but 
after a Govern'' has prest the consideration thereof as 
appears by his Speeches for so many years, and the 
Assembly wholly neglected to do anything therein, 
must leave it to her Sacred Majestie to determine at 
whose door the fault hes, whither at the Govern" or 
the Assembhes, and we cannot miss here taking notice 
of a false Representation made to the Lords of Trade, 
Jliat my Ud Combury had pardoned the tvomeUy 
when he only reprieved them tvhich occasioned a Rep- 
rimand to my Lord Combury thereon. So false 
have tJwy been in their Representations to their Lord- 
ships and leads us humbly to conceave That their Rep- 
I'esentations in the Respect of the Monopoly was not 
stated with the whole truth necessarv ch'cumstances 
i-equisite to form a Judgement thei-eon. 

lliat the ffixing a certainty of land Carriage betvnjct 
Burlington and Amboy at moderate Rates is. Utile 
Regina^ et Populo, none can denie, as also that no man 
is hurt thereby because no Tie was in that way of 
Trade, and no such like convenience ever like to be. 
Except the Person who was to try the Experiment 
was encouitiged by an assm^ance of enjoying the same 
foi* some years, for the imceitainty how it would an- 



1709] ADMINISTRATION OF LORD LOVELACE. 411 

swer was very great, and a necessity of advancing a 
considerable sum money to carry on the Undertaking: 
for the Invention is here now, and in Consideration of 
the whole circumstances, wee must with all Humility 
& Submission declare that it was Our Opinion that it 
was within y'' considerac'on of the Act of 21 Jacobi 
1"'* and that her Majesty might Grant a Patent for the 
same for fourteen years. 

M^' Lewis Morris a Counsellor upon the ConVittee 
the money Act that granted 2000 P ann: for 2 years in- 
sisted on an amendment for the adding five hundred 
pounds P ann : more & Drew a Scheme to demonstrate 
that less would not support the Governmen'. 

The same W Lewis Morris an assembly man is not 
for ailowiny the least amendment to a mony Bill and 
that fifteen hundred pounds P ann is more than what 
is needfull. 

M": Lewis Morris in the year 1698 as by his letter 
N*" 24. Setts the Government the Proprietor and the 
Quakers at utter defiance teniis their Govemours Base 
Liconsiderate fellows, Pei'sons who really have not the 
right to govern, and further adds with Relation to the 
Quakers in these words 

* ' Nay even among the Mock Lords Proprietoi^s there 
* ' are some that deny the use of Arms, A Tenet not the 
' ' safest to be held by those who pretend a right to 
• Govern, it leaves us naked and defenceless A Prey to 
•*aiiy bold Intruder, subject to all the Rage of a Cruell 
'Enemy, and the Barbarous Insults of the Pei-fidious 
'' Heathen round about us. 

Then Speaking of the Proprietoi-s, Says, ''There is no 
•'believing anything they say orwiite; Sayes their 
• ' Qiiitrents are an unjast Taxuix)nu8 and our Hell's 
"' for Ever, Calls Gods Holy Name to witness that they 
' 'care not one straw, whither the King or the Devill has 
'* the Govenim^ if they have the money in it, terms 
'^ them Wretches that consider not what will become of 



412 ADMINISTRATION OF LORD LOVELACE. [1709 

" this poor Country, seas their Voracious appetites be 
" but satisfied. 

Have but patience till the year 1700 and yoti will find 
him quite another man wonderf^dly changed in less 
then tioo years time, Then you shall find him accept 
of Comissions from the Proprietors Governm*, and de- 
claring that he would go through with them, and if 
any man resisted he would spill his Blood or he should 
Spill his; for he made no Scruple of Conscience, and 
would go through with the office he had accepted from 
y* Govemm' though the Streets ran with Blood as 
P certificate No 13 Quantum mutatns ah illo! 

It's needless to prove how far an agent (as he pre- 
tends himself for Some Proprietor) in the Eastern 
Division, and the West Jersey Society (as they terra 
themselves) and a man who remonstrates the Griev- 
ances of the Province in a Quaker Stile is changed from 
what he was, and by his letter of y* Second of August 
1700 dii-ected to Elisabeth Town to be left yr'^ Samuell 
Whitehead, it is apparent what opinion his old friends 
had of him. Even those whom he led into the former 
Violences against Government, ivho broke Jayls to re- 
lease him His own words are these viz- '' It was your 
" complaint I had left you in the lurch like a villain, 
* ' deceived you, ingaged you in a Business and left you 
' ' in the middle of it. That if I came to your Town you 
' ' would tear me to pieces and more Expressions of this 
*' nature you used No. 25 ... . 

So that we think he has proved his Inconsistences 
himself under his own hand plain Enough, without 
any need of our Paraphrase or Explanation, and upon 
the whole matter. The Question lies only here whither 
he was Guilty of Rebellion in the Year 1698 or in the 
year 1700. 

As to Samuel Jennings Since God hath been pleased 
to take him out of the world, so the fear of further 
disorders from his ambitious turbulent and Incousis- 



1709] ADMINISTRATION OF LORD LOVELACE. 413 

tent temper ai-e removed we shall not rake into his 
ashes, but referr to a character of the man as find it 
Stated in Print Intitled. 

'' The Case put and Decided, by George Fox, George 
* ' Whitehead Stephen Crisp and other the most Ancient 
*' and Reverend Quakers between Edward Billing of the 
* ' one part and some New Jersians headed by Sam^ Jen • 

* * nings on the other part, in an Award i^lating to the 

* * Government of this Province, wherein (not moulded 
^* to the palate of the Said Samuell) the Light, tha 
** Truth, the Justice, and InfaUibihty of those friends 
*^ are arraigned by him and his Accomplices.'' 

and such an account given of their Usurpation Riotts 
& RebeUions, as without saying more, will Varrant 
the most Severe of our Expi-essions upon that mans 
character. 

For the Quakei-s we meddle not with their ReUgious 
Perswasions and have no design to abridge them in any 
of their hberties and Priviledges they therein In joy; 
But their Insolencies in Govemm' ai^e IntoUerable, by 
their weekly monthly quai-terly and yearly meeting 
(where civill affairs are managed as well as Spirituall) 
their Intelligence from all Foreign Parts and Gen- 
eral! Combinations they I>ecome Mischievous and dar- 
ing even to the affronting Magistrates and contemning 
the laws, and Particularly Pride themselves on being 
able to Cramj) and Confound Gt)venim* and we do 
humbly suppose the End of Her Gracious Majestys 
Goodness, and Indulgency towards them by allowing 
them to Fnjoy many Priviledges beyond what their 
own com'unity do or can Injoy in Great Britain in ad- 
mitting them into the Legislative Power of this Her 
Majesties Province and to allow them to he Magis- 
ti-ates Justices it Judges of the lives Lil)erties and 
Properties of Her Majesties Subjects was, in Kv- 
pectafion that tlwif would answer the End of 
Gftvemm^ and so deserve her Majesty" Oracious 



414 ADMINISTRATION OF LOfiD LOVKLACE. [1709 

favour extended totoards tliem. But when 
instead of a gi'atefull and Dutifull Return to 
her Majestie for her great favour and Indulgence to 
them they not only refuse to pass such laws as the 
Honour of her Sacred Majestie and the Peace Security 
and Settlement of the Country required, but abuse 
Scandalise and affront her Majesties Gk)vernours, join 
with Persons notoriously Known to be Turbulent and 
uneasie men, who have been open disturbers of the 
Quiet and Peace of this her Majesty" Government for 
Severall years past and so fond of their Proceedings as 
to have it drest in Quaker Stile; They seem to take 
off the Vizard and show what they would be at, and 
tell us plainly, That nothing would please them less 
than the old Estabhshed Magna Charta of New Jer- 
sey viz* 

That the whole Power be in their own hands. 
That the Councill are an Unnecessary Clogg, and That 
the Govemour be their Tool. 

For in West New Jersey we have a Great Funda- 
mental Law recorded; made when Samuel Jennings 
fisurpt the Oorernment; That the Govern'' for the time 
being shall sign all Acts whatsoever the Rej^resenta- 
tivesfrom time to time please to Enact, and the Speaker 
of this Present Assembly the oft men&ond Tlio. Gordon 
as do severall others of the members still assert their 
Old Txtws to be of force. 

My Lord, most of us have Estates in the Provinc^^ 
which we would not willingly be driven from, Wher- 
fore my Lord upon our own score as well as our 
Duty to the Queen, to your Lordship, and the Coun- 
try, we thought titt to lay those mattei-s before your 
Lordships Considerac'on, and however Etiimble the 
Quakers Profess themselves or appear to be at hoine, 
They have been so Rampant as with whips clnbs and 
staves to drive out the Magistrates from the Court 
house, and not suffering them to Keep Court, thereby 



1709] ADMINISTRATION OF LORD LOVELACE. 415 

stopping the Currant of Justice, till the Governour 
was forced to go with a Body of men in arras to quiett 
the Rebellion, and Tho: Gardiner a Quaker, a 
wai'm member of the Pi-esent Assembly a Great In- 
cendiary in that Rebellious resisting the Govemm^ Go- 
ing from County to County to stir up the People to 
Sedition, and to oppose the holding of any courts by 
the Govern" authority, and threatening such as 
yielded obedience thereunto, and Sami Jennings his 
Maxiin so thoroughly followed viz* That the Queen 
indeed might Com'ission officers in the Govemm' 
whom if they would Keep themselves honest They 
would take care to Keep them Poor. Which indeed they 
have Punctually performd not the Least Provision for 
any officers of the Govemm* having been made for 
any longer time then two years Since the Governm* 
came into the hands of the Crown. 

May it Please Your Lordship 

When we saw the whole Province Involved in Con- 
fusions Factions and Parties, and that no Provision 
for the Support of Governm^ no remedy to those 
Evills could be Expected here; we thought it our Duty 
to make a Representation of all this to Her Majestie, 
and accoixiing to the Best of our Skill and Judgm' to 
lay at Her Majesties Royall Feet The True Cause & 
liemedv of those Evills, in which we have had a 
Strict Regard to Truth; and if in Dischardge of our 
Oaths and Duties we have made use of Some harsh 
Expressions, we hoi)e her Majestie will be Graciously 
Pleased to attribute it to our Zeal for her Majesties Ser- 
vice, and the Great and most unaccountable Provoca- 
tions which were given. 

With all Humility Subscribe om*selves 

My Lord Your Lordships Obedient Sei-vants 

Richard Ingoldsby 
William Saxdford Wiluam Pinhorxe 

Dan: Coxe Richard Townley 

Robert Quary Roger Mompesson 



41 rt ADMINI8TKATI0N OF LORD LOVELACE. [1709 



Commmimtcatian from Peter Sonma^is to Lord Love- 
lace, in Answer to an Address from the Assem- 
bly of New Jersey, tvith accompanying documents,' 

[From P. R. O. B. T. New Jersey, Vol. 1. C. (W.J 

To HIS Excellency John Lord Lovelace, 
Barron of Hurley, Captain General and 
Gtovemour in Chief of the Pi*ovinces of 
New Jersey, New- York, and Territories 
depending thereon in America, and Vice 
Admiral of the same. 

The Answer of Peter Sonmans 

To an Address presented to your Excellency, by 
the House of Representatives, dated March 

18, 1708. [9?] 

May it Please your Excellency, 

Before I begin to say any thing, in Answer to the 
said Address, I must humbly beg leave to i^etiim my 
hearty thanks, for the right your Excellency does in 
T)eniiitting me to justify my self from the many false 
Accusations contained therein; which I cheaifuUy un- 
dertake, in considei'ation of mv own Innocence, and 
yom* Excellencys justice in shewing so great a readi- 
ness to hear both partys, which tho" most necessaiy for 
the discovery of the truth, the Mannagei*s & Contriv 
ers of that Address, did not intend should be allowed 
me, as plainly appears by the Prayer thei*eof . 

This, my Ijord, must seem a very extraordinary Pro- 



' CoveriuK (iates from April 14th to June 14th, 17(W. 



1709] ADMINISTRATION OF LORD LOVELACE. 417 

ceeding, that an Assembly, which ought to take all 
imaginable care of preserving the Liberties and Proper- 
ties of her Majestys Subjects, and Supporting the 
Coui'ts of Judicature, should be induc'd to declare me 
guilty of Illegally using the Power I am cloathed with, 
to the great hm^t of several of her Majesties Subjects, 
and if tolerated, will be of evil Example and render 
their Ijiberties and Properties precarious; and at the 
disposal of every Magistrate who will make his Will 
and not the Law, the rule of his Actions, while the} 
themselves trangress the Fundamental Rules of Jus- 
tice, and of Liberty and Property, in condemning me 
unhealed, and praying your Lordship to do the same. 

How ill grounded and untrue their charge is, your 
Excellency will easily discover, and whether the pro- 
motel's of this Address unwarrantably use the tiiist 
reposed in them to the evil Example of the Province, 
whether they render the Liberties and Properties of 
the Subjects precarious, when they condemn without 
Proof, when they set themselves up as a Supream 
Court to hear and determine all such things as the 
Law in its ordinary coui'se hath provided for, and 
take Cognizance of several matters that are ali-eady 
before some of the Courts, and must thei*e be tryed, 
tho' they have not so much as the power of adminis- 
tnng an Oath to any one they examine? Or I, that have 
to the utmost of my ability, endeavoured to keep up 
the Authority of the Courts, and never judged, much 
less condemned any before Examination and a full 
hoiuing, thereby endeavouring to pi'esen^e the Liber- 
ties and Properties of her Majestys Subjects from be- 
ing precarious, and have always set Justice, and the 
I^aws, (as fai* as I knew them, being no lawyer) be- 
fore me as a Rule to govern my actions, and not my 
Will, as is asserted. 

The Address, tells your Excellency, That having 
Examined into the truth of Several Complaints made 
27 



418 ADMINISTUATIOX OF LOKD LOVELACE. [1709 

agaiiLst me, do find &c. thereby intimating that sever- 
al Complaints have been made: when by their own 
^"otes and Report, not any Complaint, and bnt one Pe- 
tition from Persons summoned to serve upon a grand 
Inquest for the Counties of Middlesex and Summer- 
set at a Court of Sessions held at Amboy the 8*? of 
March last, appeal's to have been presented to them ; 
by the Prayer of which Petition, the Petitioners only 
desired the said Counties in Genei-al, and themselves 
in particular, might be i-elieved frome some pretended 
unpresidented Proceedings, and unjust Fines (as the 
said Petition did stile them) imposed upon them by 
that Court, which Fact, if they had been as true, as 
indeed they are not only related to what happened at 
that Court, without so much as mentioning any other 
Complaint. This Petition being referred to a Commit- 
tee, that Committee, as I atn advised, could, nor ought 
not to have cognizance of any other matter, or thing, 
than what was referred to them, (viz.) the subject 
Matter and Prayer of that Petition, into affairs of 
quite another nature, which were neither referred nor 
mentioned to them, is wholly upresidented and un- 
warrantable. 

But to demonstrate the unaccoimtable Proceedings 
of the Committee, perfectly to your Lordship; your 
Excellency will please to remark, Tliat Mr. Willocks, 
the chief of the said Petitionei's, because I desired him 
to take the Oaths appointed by several Acts of Parlia- 
ment, in the room of the Oaths of Allegiance and Su- 
pi-emacy, &c. before I would admit liim to serve on 
the said Grand Inquest, which he refused, was per- 
mitted to aiTOgate himself the liberty of being chief 
Mannager and Examiner at the said Committee. 

The Address fuither intimates to vour Excellencv, 
That thev are soiit, that I, who liave the honour of 
being of tlie Queens Council, and do not want siifK- 
cient AbiUties for her Service, should by my imprudent 



1709] ADMINISTRATION OF LORD LOVBLACB. 419 

Conduct, lay them under a necessity of so publick a 
Complaint against me. I am as little obliged to the 
promoters of the Address for that honour, as for their 
Complement, because the first was by some of their 
Members, or their Friends, opposed as much and as 
long as it could, and the last only used to aggravate 
the Crimes they would charge me with. The neces- 
sity they lay under of so publick a complaint, an im 
partial Judge will find difficulty to discern, because 
supposing all they say true, (the contrary of which I 
have no doubt the whole Province believes) they are 
things of that nature that the establish'd Courts ought, 
and only can Judge of them, were accused, as well as 
the Accuser must be legally heard, and the Evidences 
on both sides duly weigh'd and considered, so that im- 
prudent Conduct, not to give it a worse term, may 
more truly be turned upon the Mannagers of the said 
Address than me. 

They would pei'swade your Excellency in the next 
place; That they cannot be so much wanting to the 
Country they i^epresent, as to be silent in a Cause that 
so justly requii-es their Consideration. The said Ad- 
dressors. My Loi'd, might have cleared this point, with 
mentioning but one Complaint, or other instanc^^ 
made to them by the Countiy, the neglect of what 
could give the least ground for supposition that they 
are wanting to the Countiy they represent, or required 
ed their consideration, so particularly, that without it 
no remedy could be had. But not one complaint be- 
ing made against me, save that one Petition before 
mentioned, the Countiy and I have more reason to be 
heai-tily sorry, that some members among the Rej)i'e- 
s(»Titatives have so far indulged their own private Re- 
sentments, and betrayed the truth i^eposed in them, to 
engage a whole Assembly in revenging a j)articular 
Picque, the more since my lawful Endeavours to re- 
cover just Rights and Dues, which they have torn from 



420 ADMINISTRATIOX OF LOHD LOVELACE. [1709 

me, only occasion thatPicque: such Proceedings, I am 
fully convinced, your Excellency will never counte- 
nance, but on the contrary, that your Lordship will 
discourage by such proper methods as are consonant 
to your Lordships great Wisdom and Justice, all those 
who under colom* of preserving the Queens Honour, 
and performing their Duty to their Country, endeavour 
to use the Power allowed them only to make both a 
Party to and assisting in the Injurys they have done. 

Being sensible that my Answer to the Address will 
obhge me to trespass too much upon your Lordships 
time, I will pass over many just Remarks, which 
might be made upon it, & confine myself, as much as 
is possible, to what is immediately conducing to my 
justification. Wherefore, I only deny and so pass over 
the groundless Accusation, that those Arbitrary meas- 
ures (as the said Address is pleased to stile them) with 
which the late Administration under the Lord Com - 
bury so much abounded, were very much owing to 
my Coimsel, I being one of the persons on whose ad- 
vice his Lordships very much relyed, because the said 
Address it self, stiles it only Belief and Conjecture. 
What Arbitrary measures My Lord Cornbuiy used, 
are to me utterly unknown, and if any such were, 
how little they can affect me; I leave to your Excel - 
lencys consideration, since I had not, until last August 
the honour of sitting in her Majestys Council, nor in- 
deed much of his Lordships Convei-sation, besides, 
wholly incapable of advising a Nobleman of his many 
extrordinary Quahfications and great Sagacity. 

The first thing the Address particularly accuseds me 
with, is. That I procured the arresting of Mr. John 
Barclay on Whitsunday last, coming out of Church 
from the Sacrament, which said Address affirms, is a 
manifest breach of the Peace, and Contrary to the 
Laws in that case made and provided. Here the Man- 
nagei-s of the Address prevailed upon the Representa- 



1709] ADMINISTRATION OF LORD LOVELACE. 421 

tives to assume to themselves an absolute uncontroul- 
able Power of determining what is a breach of the Law 
But allowing that it was a breach of the Peace, it is 
not a Crime of so high a nature, but any inferior 
Court, nay, a single Justice of the Peace by a law of 
this Province, might examine into, and punish it, 
without troubling your Lordship, which is evident not 
only from every days practise, but even from the Pro- 
ceedings which have succeeded that supposed^Crime, 
some of the said Committee having already per- 
s waded the said Barclay to arrest Dr. Arents (who took 
him) for his alledged mistake, and found an indict- 
ment against him, for his presumed breach of the Law 
But I have no doubt of seeing that fact justified, be- 
cause I am sure its common in England, where I never 
heard such a case questioned; which is thus. 

The said Barclay refusing to answer a Bill filed in 
Chancery against him, after the time he had prayed, 
and was allowed him, elapsed, stood all the Contempts 
of the said Court for above a year, mostly slieltering 
himself in your Excellencys Government of New- 
York, at length a Commission of RebelUon was sealed 
against him, directed among others, to the said Dr. 
Arents, which I delivered to him on the Saturday. 
He asked me, if he might execute it on the Sunday, if 
he should chance to see him? I told him, he might, be- 
ing no common process, but a Commission under the 
broad Seal of the Province to answer the Queen as a 
Rebel; accordingly Arents took him, after he was 
come out of the Church. If I erred in my Opinion in 
a point of Law, which is the utmost can be made of 
tliis Ai-ticle: being no Lawyer, I cannot suppose your 
Excellency will take that to be so great a crime, as to 
deserve such pubUck Censure. I do not l)eUeve any 
Gentleman, tho' a Barrister, was ever befoi-e so ti*eat- 
txl, if he mistook in a point of Law, which is not yet 
dt^tennined I did. 



422 ADMINISTRATION OF LORD LOVELACE , [1709 

But indeed, one would think the close of this Article 
pen'd by a Papist or Non-Juror, such large Priviledge, 
is given to the Altar, which if allowed, tends to pro- 
tect Murtherei's, Robbers or any Felones from being 
taken, if they Presume but to come to the Lords 
Table. 

The Second Article says, I took from one John 
Brown, his Horse, without assigning him any reason 
for it, and detains him to this day. Surely your Ex- 
cellency will not judge this a matter of that moment 
or consequence to lay the Assembly under a necessity 
of so publick a Complaint, and that they should be 
wanting to the Country they represent, if they should 
be silent in a cause that so justly requires their consid- 
eration, &c. but on the contrary, that so trivial and 
mean a thing, is fitter for a Justice of Peace, or at 
most, that Court where Brown has been advised to sue 
me, than your Excellencys Consideration, But it serves 
to increase the number of Articles for them, and to 
convince your Lordship, what pains the promotei-s of 
the Address have been forced to take, how low and 
much beneath the Dignity of an Assembly, they are 
obleg'd to stoop, to find seeming Accusations: To 
which I shall not trouble your Excellency with any 
fin-ther Reply, save that its untrue in all its parts, 
That I never took the Horse, detain'd, or have, 
or have had him in my Custody, but lay the Proof 
upon them, before that Com-t where they have com- 
menced theii* action Against me. This I could easily 
manifest to yom* Excellency, but judge it too incon- 
siderable for yom* Lordships notice; besides, it might 
be prejudicial to me, in my necessaiy defence in its 
proper place. 

Nevertheless I cannot omit giving yom* Excellency 
another evident Demonstration of the Unreasonable- 
ness of the Address, in misrepresenting this matter on 
bare suggestion, either of some of the said Committee, 



1709] ADMINISTRATION OF LORD LOVELACE. 423 

or else their cheif Maiinager, Mr. Willoks, for the 
which Misrepresentation there is as Kttle foundation, 
even in the Report of the Committee, as the committee 
had warrant to meddle with the whole business, which 
was not referi-ed to them. 

The Address says. Sometime after the poor Man 
(Brown) had commenced an Action against me to re- 
cover, if possible, his Beast unjustly detained fmm 
him, one Reeves complained against one Mellin a 
Taylor, &*: insinuating, and so timing the matter, as 
if I had treated Brown severely on the account of his 
caiTying away MeUin, to i^evenge the suit which he, 
the said Brown had Commenced against me. Where- 
as the Revei-se is true; for the matter of Mellin was 
long before Brown airested me. MeUin's affair hap- 
pening in May, and Browns Writ beai's test in May 
Court, but was not sealed until July, nor had I any 
notice of, or was ari-ested upon it until September fol- 
lowing; from whence its evident, that Bix)wns against 
me for the Horse, might be the effect of Browns re- 
sentment for being committed, but could never be any 
reason for my committing him, as is insinuated. 

Which brings me to the matter it self about Mellin. 
Your Excellency will here see the temper of some of 
the Leading Members of the Assembly; whose Rancor 
caiTies them so far beyond their Reason, that they 
state the facts different from, nay, repugnant, not 
only to the Report of the said Committee, but also pre- 
vert what was said by the persons they examined, of 
which I shall give your Excellency four particular 
Instances. 

First, The said Address says. That one Reeves 
complained against one MeUin a Taylor, for detaining 
a Coat of Reeves which I was pleased to call Felony, 
and was going to commit Mellin for Fellony. The Re- 
port is, That I issued my Wan-ant to the Constable to 
bring Mellin before me, upon John Reeves his com- 
plaining of Fellony against said Mellin. 



424 ADMINISTRATION OF LORD LOVELACE. [1709 

2dly, The Address goes on, Tho' Mellin proved, & 
Reeves afterwards confest, Mellin only detained the 
Coat he had made, till Reeves should pay him for the 
making of it. This being joyned to the fore-going, it 
is to be taken, that this Proof of Mellin, and conf ension 
of Reeves, were at the Examinatian. But the Report, 
and what was said, is quite otherwise (viz.) That I 
committed the said Brown into the Sheriffs Custody, 
where he remained until Bailed out, altho' Reeves 
afterwards declared, that the said Mellin had not stole 
the Coat, before pretended, but detained it for his pay. 
From whence its evident that this declaration of 
Reeves, if any such was, happened after Reeves was 
bailed out, and not at the Examination before me; and 
its plain; by the Report, from what A. Hudy said, and 
the Address it self confesses, that it was some time 
before Brown was bailed; neither is there one word in 
all the Report, that Melhn proved that he detained the 
Coat for want of payment for making it; all which 
much altei-s the state of the case; for when the matter 
wae under examination before me, I could take no 
notice of discourse that happened many days aftei'. 

3dly, The Address tells your Excellency, That Mel- 
lin finding there was no contending with absolute 
Power, found a way to escape from me, and was set 
over to Statten Island by the aforesaid Brown, who 
was altogether ignorant of what had hapi)ened. The 
Report is, At the desire of Mellin, John Brown carried 
him to Statten-Island, and Brown told the Cjommittee, 
that he knew Mellin was in trouble. So that not one 
word of Absolute Power, nor anything that appeai-s 
like it, can be gathered either from the Report, or what 
was declared to the Committee. 

4tlily , The Addi-ess sets forth, ' ' Upon which Son- 
''mans, to gi'atifie his Resentment, contrary to Law, 
** commits said Brown to (laol, and when the Sheriff had 
*' admitted him to Bail, be used many Threats to him 



ii 



1709] ADMINISTRATIOX OF LORD LOVELACE. 425 

^' for his so doing, ordering him to take him back again, 
' * telling him he would throw up his Commission and go 
' ' to York, and desire my Lord to send Souldiers to Rule 
'' them; Which Threat, and Fear of being governed by 
' ' Martial Law, induced the Sheriff to take him into 
*' Custody again, and keep him in Prison till my Lord 
' ' Combury was pleased to allow he might be admitted 
** to Bail." The Report is only thus, ^' But the next day 
* ' he committed John Brown, which after some time, he, 

viz the Sheriff, admitted to be bailed out; at which 

Sonmans was very angry, and said, he would go to 
' ' York to my Lord, and throw up his Commission, and 
*' desire my Lord to send Souldiers to Rule them." 

Your Excellency sees that there is no mention of any 
Threats, nor any Command of mine to take him into 
Custody again, much less does the Sheriff say one word 
Tliat the Threats, or fear of being govem'd by Martial 
I^w, induced him to take the Man again in Custody, 
or that he could not be bailed until my Lord Cornbury 
was pleased to allow it, who, I beUeve, was never ap • 
plyed to about it: This is all an Addition of the Con- 
trivers of the Address. 

Tlie next Sentence in the Address, is, ' ' This Proceed- 
*' ing, as it was most unlawful and unjust so it tended 
' * not only to render her Majesties Subjects entirely de- 
* * pending on my Lord Combuiy, or those he thought fit 
•' to honour with Magistracy, but to create in the Minds 
* ' of People an avei-sion to her Majesties just and mild 
*' (rovernment, when by a humor a Gentleman of the 
*' C.^ouncil could Dragoon them at pleasure. 

Here, My Lord, The Managers of the Address pi-e- 
vail u]M)n the Representatives, to take upon themselves 
again, an absolute Power of asserting that Proceedings 
are most Unlawful and Unjust, when, in truth, they 
know not what the Proceedings are; for a leai'ned 
J lulge tells us. Examination without an Oath, is but 
loose Discourse. So, upon lo()S(» discoui'se, and that 



426 ADMINISTRATION OF LORD LOVELACE. [1709 

without hearing what the other side has to object to 
that loose discourse, the Promoters of the Address im- 
pose upon the Representatives, to judge of the Lawful 
or unlawfulness, and Justice or Injustice of the Actions 
of the Officei-8 of the Government. Whether this be 
asserting and protecting the Liberties and Properties 
of the Subject, or rendering them precarious your Ex- 
cellency will easily Judge? 

How any thing, even the Address, much less the 
Report says, can have the tendency by the Address 
mentioned, I confess, I understand not, nor how there- 
by Her Majesties Subjects are entirely made depending 
on my Lord Combury, or those he thought fit to hon- 
our with Magistracy. If Brown was uneasy under his 
Commitment, why did he not move for a Habeas Cor- 
pus, as the Law directs, and so obtain his liberty, 
which my Lord Cornbury, nor any other Magistrate, 
neither could or would have disobeyed What they 
mean by a Grentleman of the Council could Dragoon 
them at pleasure, I protest I understand not. The Ad- 
dressee certainly designed not that Reflection upon 
me, because they and their Chief Mannager, M' Wil 
loks, very well knew that I had not the honour of 
sitting at that Board until some Months after; besides, 
not any Soldiers under that denomination, were ever 
here, that I know of; Nor indeed can I see the lea^t 
pretence for that extravagant Expression, taking the 
fact in as bad a sense as the Mannagers of the Address, 
themselves, would gladly have it undei-stood, since the 
most it amounts to, even then is that I said, I would 
desire such a thing, but that I ever did desire it, 
appeal's not. 

But that your Excellency may be fully infonned, I 
will presume to relate the fact truly, pm'ged from the 
Glosses put upon it. Reeves having taken Mellin with 
his Wife, as Inmates into part of his House, com- 
plained to me that he missed sundry things, partiou- 



1709] ADMINISTRATION OP LORD LOVELACE. 427 

larly some Rum, Wool, working Tools, and lastly a 
Coat, Mellins had made for him, which Reeves had 
worn several times. That he the said Reeves being 
gone to work, Mellin had feloniously taken this Coat, 
and earned it to another house, where he and his Wife 
had retired, without giving him any the least notice. 
Wherefore finding Mellins had taken the Coat, he be- 
lieves he might also have taken some of the other 
things; there fore prayed a Warrant against him, 
(which I granted.) When both appeared before me, 
Reeves took his Oath to his Camplaint and produced 
some Witnesses, which affected MeUin as to the Wool. 
MeUin for his defence alledged, that he had made the 
Coat, confest the taking it out of the house when 
Reeves was abroad, and carrying it away. I asked if 
since he had made the Coat, he had not deUvered it to 
Reeves, and whether Reeves had not many times worn 
it? If he had demanded payment of Reeves, and given 
him notice, that if he was not paid for the making, he 
would take it in pawn? Mellin confest he had delivered 
it to Reeves, and that Reeves had worn it, but could 
not prove he had either demanded payment for mak- 
ing, or given him notice, that he would secure the 
Coat if he was not paid. As to the Wool, and other 
things, he only answered, he knew nothing of them, 
without making any reply to what the Evidences said 
relating to the Wool. I then told him, I must commit 
him. Whilst I was writing the Mittimus, I gave the 
Constable charge of him, who let him escape, altho' I 
called to him expresly, that I should require him at his 
liands. Presently after, I was informed, upon Oath, 
That John Brown had carried said MelKn over in a 
Cannoe to Statten Island, tho' Brown was told the 
whole matter. Whereupon I sent a Warrant for 
Brown; being come before me, I asked him some 
Questions about this affair, but he refused to make 
any direct Answer; whereupon I told him, he must 



428 ADMINISTRATION OF LORD LOVELACE. [1709 

find Sureties to appear, and answer at the next Ses- 
sions; which he absolutely refused; and putting his 
Arms on his side, turned about short, and bid some of 
the Company get him a horse, he would ride to Goal 
in State. I then committed him. 

The next day, being told. That the Sheriff had taken 
upon himself to bail Brown, though committed as an 
accessary to Felony; I went to Woodbridge to inform 
the Sheriff of his Error, and warn him of the Incon- 
veniencies he might suffer thereby. At the entrance 
into the Town, I met Brown, with the Constable and 
another retimiing to Amboy. I enquired the reason 
thereof ? The Constable told me. The Sheriff had ac- 
cepted of Bail. I answered, That the Sheriff could not 
do that; and commanded the Constable to bring Brown 
back before me; which, though often repeated, the 
Constable utterly refused to do. I went into the Town, 
ask't the Sheriff, by what Authority he bailed a Pris- 
oner so committed? He told me. There were three 
Men bound in One Thousand pound a piece to deliver 
Brown to him again, whenever he should be demanded. 
I advis'd him to demand him presently; related to liini 
what had happened with the Constable, adding. That 
I would complain to my Lord of this Contempt, which 
if he would not direct to be prosecuted I would lay 
down my Commission, for that it was to no purpose 
to keep it if I could not be obeyed; and if People could 
not be ruled by the Laws, or the Civil Magistrate, my 
Lord must send down Soldiers to compel them. The 
Sheriff, sensible of his Error, sent for Brown again, 
and kept him until he thought fit to apply to the Seci-e- 
taiy to be bailed, who immediately bailed him, with- 
out any direction or allowance of my Lord Combury, 
who I believe was never spoke to about the Bailment, 
as is insinuated by the Address. I indeed complained 
to his Lordship of the Disobedience of the Constable, 
whom inv Lonl directed to be bound over, and the 



ITOOJ ADMINISTKATIOX OF LORD LOVELA<'K. 429 

Grand Jury have found the Indictment against him. 
MeUin was afterwards taken up, but soon bailed, and 
the Attorney General preferred an Indictment to the 
Grand Juiy against him last November Court, the 
Names of four Witnesses being upon the back of the 
said Indictment, who were also Sworn ; but the said 
gi-and Jury, of which M' Royce (the Chair-man of this 
Committee was Foreman) were pleased never to Return 
the said Indictment into the Court, nor so much as 
sent for one of the Witnesses. Your Lordship will 
now judge whether my procedure is Unlawful and 
Unjust: I humbly conceive, if a Justice of the Peace 
is not protected in the Execution of his Office, but is 
suffered to be Affronted, his Commands disobeyed, 
and those he thinks fit to Commit, carried away out 
of the Government, that Excellent Constitution, which 
has provided so useful an Officer, will soon be lost. 

But here I must again take Notice to your Excel- 
lency, That supposing everything in this Article al- 
ledged, is true, its not of that nature to lay the Repre- 
sentatives under the Necessity of so publick a Com- 
plaint, Or that they should \ye wanting to the Count ly 
they represent, if they were silent, much less that it 
so justly i-equires their Considei'ation ; forasmuch as I 
am advised. That the matter no wav concerns them, 
b<Haus(» the utmost the whole Charge can amount to, 
is. That I wrongfully committed Mellin and Brown, 
whi(!h if I did, they had their Remedy, in the ordinaiy 
( f)ui-se of the Law, befoi-e the established Courts, with- 
out presuming upon your Lordships time, who cannot, 
if they aie wronged, adjudge them any Satisfaction 
hut must at last leave the matter to be determined by 
the I^w. 

The Third Accusation is in a Case depending between 
Wv Qui'vu and Mr John Hamson, upon an Information" 
cxhihited by the AttomeyGeneral, he the said Sonmans 
endeavoured to perswade the Sheriff to pack a Jury, 



430 ADMINISTRATION OF LORD LOVELACE. [17Q9 

as the Address untruly relates. The Report and what 
the Sheriff said at the Committee, being quite other- 
wise I know not what the Address means. The Sher- 
iff said (according to the Report of the Committee) 
That it was upon a Triall of John Harrison, at a Su- 
preme Court at Burlington in a Cause depending be- 
tween the said Sonmans and Harrison. So here the 
Causes differ, and in tinith, I cannot make any An- 
swer to it, since I know nothing of the Matter, I 
had no Causes depending between Hanison and my 
Self, that could come on, or were i-eady for Tryall, at 
that Court at Burlington: If it was a Cause of the 
Queens, I had no business with it, nor was acquainted 
with any steps taken, in order to bring it to Tryall, 
much less to pack a Jury; wherefore I absolutely deny 
the Charge, nor know anything of the Fac-t, Cause or 
Time. I confess, I have many times advised the 
Sheriff to be careful to get good Juries, and not to im- 
pannel any he thought Partial, or inclining to any 
Party; nor am sensible that I have therein committed 
any fault; tlio' with submission, I think the said Rep- 
resentatives would have done well, and had reason 
enough to have enquii'ed into the reason how such 
strange both Grand and Petty Juries have been impan- 
nelled of late, who have all along gone dii-ectly con- 
ti'ary to the Charge given them by the Court, and 
the fullest Evidence that could be; and whether some 
othei'S have not pack't Juries to then* own piu-pose, 
which have occasioned some Pi-esentments and Ver- 
dicts to go accordingly. 

The Fourth Article is represented to your Exceel- 
lency as a great Instance of my Injustice and Partial- 
ity, but will, I doubt not, api)ear ^s much to my Ad- 
vantage, as mon* it seems the contrary, when it is 
truly related. The Fact, My Lord, is thus: Michael 
van Vechten (who of the two mentioned in this Ar- 
ticle, is more my Friend and Acquaintance, than 



IT09] ADMINISTRATION OF LORD LOVELACE. 431 

Alexander Walker) arrested Walker for £130 in the 
Court of Common Pleas, in which Court there is a 
standing Rule, That all Writs shall be signed by the 
Party himself, or his Attorney. The Writ was not 
signed by said Van Vechten, but by M' Gorden, who 
was not at that time allowed to practice as an Attorney. 
Mr Grorden appeai'ed for the Plantiff, Van Vechten, the 
Attorney Grenei^al for the Defendant, Walker. The 
Cause being called, M*^ Attorney General for the De- 
fendant, moved, that the Writ might abate, because 
it bore Test in the Vacation, and was not signed by 
Van Vechten or his Attorney, as the Rule required. 
Being sensible that Mr Gorden watched for an oppor- 
tunity of Complaint against me, altho' he was not al- 
lowed to plead, I suffered him to say all he could for 
his Clyent, only told him, he ought not; but however, 
gave way to his Pleading. After a long Debate, I gave 
Judgment, That the Writ should abate, because it bore 
Test in the Vacation; which is certainly a good Reason 
for Abatement. The Defendant thereupon made out 
his BiU of Costs, which, as the Ordinance allows, I 
texed, tho' I cannot remember the Sum; but be it 
what it will, I dare maintain my Taxation, by the Or- 
dinance then in force. As to what the Address says. 
Where a Writ of the Plaintiff abates, no Costs ought 
to be paid: All former Practice in the Province con- 
futes such an Assertion. And that the unfairness of 
the Address may mon» i)lainly appear, I must add, 
that by the Oath of the Judge of said Court, I ought 
not to give Counsel or Advice to either Party; yet the 
Adress accuses me for not doing that, when it tells 
Your ExceUencv in the same Article, That another 
Writ signed in the same manner as that was, met with 
no Objection from me, but was allowed of. There 
w;is indexed another Cause called, between Jacob 
Art»nts Plaintiff, and Robert Mellin Defendant, looth 
who appeaivd in Person; The Plaintiff moved for a 



432 ADMIM8TRATI0N OF LOKJ) LOVELACE. [1709 

Rule to oblige the Defendant to plead to his Declara- 
tion, but the Defendant made no exception to the 
. Writ, which I never saw, nor indeed was it my busi- 
ness to look after it From whence its evident, That 
except I had seen the Writ, and, contrary to my Oath, 
been of Councill for the Defendant I could not make 
any exception to it. 

But that the PartiaUty of the Address, and particu- 
larly of Mr Gorden who only spoke to this matter be- 
fore the Committee, may appear to yoiu" Excellency 
as clear as the Sun at Noon, I must beg your Excel- 
lency will be pleased to observe, That at the very last 
Court of Pleas held at Amboy, the ll**' March, M' 
Gorden pleaded in Abatement for the Defendant to this 
very Writ they accuse me of passing without being 
signed by the Party, according to the Rule of the 
Court; but before the Court gave Judgment, agreed to 
put in an issuable Plea. I told Mr. Gorden, if they had 
not agreed, I must have given Judgment for the De- 
fendant, because the Reason pleaded for Abatement, 
was good. 

Before I pass from this Article, I must beg leave to 
represent to your Excellency, That what ever the mat 
ter of Facts, here charged, are, they are not such a.s 
belong to the Representatives, nor obliges them to 
such extraordinary Proceedings, since if I have erred, 
the pail-y injured could and may yet have his Remedy 
at the established Courts, and not by such unpresi- 
dented Methods. 

The Fifth Article Complains of my refusing to bind 
Alexander Walker to the Peace, on pretence. That I 
was immediately going out of Town on your Loitl- 
ships business, tho' I staid in Town part of the next 
day; which Accusation I utterly deny; no regular 
Complaint being ever made to me. I confess, that on 
Sunday, about three of the Clock in the afternoon, as 
I was sitting at Dinner, and then going just out of 



1709] ADMINISTRATION OF LORD LOVELACE. 433 

Town, W Gk)rden told me a story to the purpose in the 
Address set forth; to which I answered, that I was to 
go out of Town as soon as I should rise from the Table, 
that I should be back at night, and go away next 
morning early, there fore advised him to apply to 
some other Justice of the Peace, which he promised 
to do. But I must also inform your Excellency, that 
nothing of what M^ Grorden said appeared to me, 
Himself confest it, all Hear-say; he was neither the 
Party hurt, or threatned to be hurt, had not seen any 
body hm-t, or heard any threatned, nor shewed me 
any Authority or i-equest from the grieved Party, if 
any there was for what he did. much less made, or 
offered to make Oath, as the Law requires, that any- 
thing he said was true, or that anybody was in any 
danger or fear; and all Examinations, without Oath, 
are but loose discourse, upon which no Justice can 
answer the binding of any one over. And I have 
much reason to beheve, the matter of fact was other- 
wise than as Mr. Gorden reiK)rted, for tho' I returned 
at night, and went not out of Town till Ten the next 
morning, I heard nothing of M' Gorden or the Persons 
he pretended to appear foi\ 

The Sixth Article relates to my own private pailiicu- 
lar Affairs: that matter is already brought before the 
Sui)reme Court, where it must have its determination, 
wherefore shall not trouble your Excellency with any 
other answer, then, that I deny the fact. Tho' I can- 
not omit obsei*ving to your Excellency that this can- 
not be any instance of my rendring the Libei-ties and 
Properties of her Majesties Subjects precarious, nor a 
Crime of that nature, as lays the said Representatives 
under the necessity of so pubhck a Complaint. Which 
if the said Representatives should neglect, they should 
be wanting to the Country they represent, since the 
mean(\st Court in the Pro\ince has power to take no- 
tice, and punish any such crime, when its proved be- 

'>8 



-434 ADMINISTRATION OF LORD LOVELACE. [1709 

fore them. The whole matter is of so mean and in- 
considemble a natui^e, that the Manager of the said 
Address ought to blush when they trouble your Lord- 
ship with such trifles; its a haixl case when an Assem- 
bly is forced to strain iJie trust reposed in them, to so 
great a degree, only to gi'atif y the private revenge of a 
few of their Members. 

The Seventh Article is of a piece with the former, 
to which I shall therefore only answer, That I utterly 
deny the facts, for which some of the Members of the 
said Representatives presented me; that I have much 
reason to beUeve the Grand Jury themselves did not 
believe what they brought in; but were imposed upon 
and over bom by some, who never minded the Oath 
they had taken, and that those Indictments are False, 
Scandalous and MaUtious, invented for a handle to 
fling dirt, which plainly appeai-s in their being so laid 
and contrived that the main accusations can never 
come regularly to be tryed, the sham Indictment be- 
ing found by an Inquest not of the place where the 
fact is aUedged to be committed. 

I boldly affirm to your Excellency, that I am not 
conscious of any guilt, which can make nie fe^r any 
honest Grand Juiy, that will be bound by the Oath 
that they take, (viz) that they shall not present any 
one for hatred or malice, or excuse any for fear, favoiu* 
or Affection nor have ever after an unpresident<3d 
manner hindi'ed the Grand Inquest from doing their 
Dutv at the last, or aiiv other Com*!. 

What I did at the last Court of Sessions at Aniboy, 
tli(» sth of March, your Kxcellency ha^ been j)leased 
to a{)prov(» of, viz. Not to admit any to serve upon 
th(» Grand Inquest, who refused to take the Oaths to 
the Cj)ueon. as by I^w recjuired. This, My Lord, is 
Avhat the Managers of the Address are i)leased to ciill 
Hindring a Grand Inquest from doing their Duty, 
aftei* an unprecidented manner; Tho'I may more tnily 



1709] ADMINISTRATION OF LORD LOVELACE. 436 

say, That the said Inquest being led by Mr. Willocks, 
who publickly declared he would not take the Oaths, 
and was pleased to term it, taking the Lords Name, in 
vain, did, after an unpresidented manner, with-draw 
from, and did not attend the said Court, as they ought 
to have done. The Reason of which, and why the 
Sheriff did not summons another Grand Jury, as he 
was commanded, I presume the said Representatives, 
or some of them, know l)est, there being but too 
much Reason to believe, that the whole matter was so 
oi'dered by some Members of the Representatives, who 
being conscious of the Riots and Breaches of the 
Peace they had lately been guilty of , were justly ap- 
prehensive of their Crimes, and would not escape due 
Prosecution. How careful sotne of the Representa- 
tives have been of tolerating evil Examples, How 
Anxious to preserve the Liberties ami Properties of 
the Subjects from being precarious. Whether they 
have been wanting to the Country they repi-esent; 
Wliether they have been silent in a Cause that might 
justly require their Consideration; and lastly, Whether 
they protect those that ])ublickly stand up in Defiance 
against many Acts of Parliament! I shall leave to 
your Excellencys Ccmsiderations, when your Excel- 
lency shall please to reflect, that all this Ac<:usiition is 
only l)ecause I would oblige a Grand Jurytnan t(i tak<: 
the Oaths, which, it seems, is so great a Critne, in the 
Eyes of many of the Representatives, that it lays 
them unde^r a Necessity of so publick a CV)mplaint 
against me. 

To the Eighth and kist Article, I say and confess. 
That in four Criminal Clauses depending before, and 
tryed this last Court of Sessions at Amboy, I did not 
admit a Quaker to serve on the Jury, which I have no 
doubt but your Excellency will be please<l to approve 
of, for the following reasons. 

First, Because I never heard, by any Instructiim of 



43r» ADMINISTRATION OF LORD LOVELA<;E. [1709 

her Majesty, the Quakers were admitted to be upon 
Jurys. I have heard, and do believe, that an Instiiic- 
tion to the purpose following, may have been given, viz. 

' ' Whei-eatJ we are informed, that divers of our good 
*' Subjects inhabiting those Parts, do make a Religious 
'' Scruple of Sweating; and by reason of their refusing 
' * to take an Oath in Com-ts of Justice, and other Places, 
''are or may be Uable to many Inconveniencies, Our 
''Will and Pleasme is, that in order to their ease, in 
' ' what they conceive to be matter of Conscience, so far 
' ' as may be consistent with good order and Govem- 
' ' ment, you take care, that an Act be passed in the 
' ' General Assembly of om* said Province, to the like 
" effect as that passed here in the Seventh and Eighth 
* ' year of his late Majesties Reign Entituled, An Act 
^ ' for the Solemn Afllrmation and Declaration of the 
' ' People called Quakers shall be accepted instead of an 
''Oath, in the usual fomi; and that transmitted to Us, 
" and Our Commissioners for Trade and Plantations, 
"&c." 

But, with submission, I humbly conceive this so far 
fi'om allowing them to serve upon any Jury, that it 
does not so much as direct they shall have the benefit 
of the Act there mentioned; but on the contrary, from 
the very words, it i)lainly ai)peai-s, that her Majesty 
gave no direction against that Law, nor allowed, much 
less directed that tliev should havt^ the ease bv that 
Ijxw given them, but that they aiv, or may still l)e 
liable to the many Inconveniencies in this Province, to 
which they were exposed in England before that Act was 
made; for. if otherwise, what Reason can be assigned 
for these words in the Instruction, *' Our Will and i)lea- 
'* sm*e is, that in oider* to their Ease, &c. vou take caiv 
*' that an Act be passed. t&c.''Lik<* wise, these foregoing, 
*• And by leason of their refusing to take an Oath in 
'* Couits of Justice, and other l^laces, are or may l>e 
** liable to nmnv Inconveniencies. 



1709] ADMIXISTRATIOX OF LORD LOVBLACK. 4.17 

Secondly, Because even by that Instruction, where- 
by Her Majesty has been graciously pleased to admit 
the Quaker's to teai* and share in several Offices in this 
Government, nothing is contained, as I am advised, 
that can be construed to extend to permitting them to 
serve on Juries; which will plainly appear to your Ex- 
cellency from the Instruction it self, which I have 
heard, and do believe, may be in these woixls, viz. 

** And whereas we have been farther Informed, that 
'* in the first settlement of the Government of our said 
** Province, it may happen, that the number of Inhabi- 
' Hants fitly qualified to serve in our Council, and in 
*'the General Assembly, and in other places of Tinist 
*'and Profit there, will be but small. It is therefore 
** our WiU and Pleasure, that such of the said People, 
•'called Quakei-s, as shall be found capable of any of 
' ' those Places or employments and accordingly be 
•• elected or appointed to serve therein, may upon their 
* ' taking and signing the Declaration of their Allegiance 
''to us, in the form used by the same People hei*e in 
•' England, together with a Solemn Declaration for the 
' ' ti-ue discharge of their respective TriLsts, be admitteed 
*^by you into any of the said Places or Imployments/' 

From which words in the Preamble, We have been 
informed, that in the first settlement of the Govern- 
ment, it is plain that that Instruction took its rise only 
from Information : Against the truth of which, I shall 
not trouble your Excellency with any arguments hei-e, 
tho' the contrary, I am assured of from many good 
hands. But, my Lord, here is not one woi'd of Iveing ad- 
mitt(*d to sei've on Junes, in the whole Instruction; 
it seems to bi^ restrained to the Council, General As- 
sembly, and other Places of Ti-ust or Profit, under 
which denomination that of a Jury-man, as I humbly 
conceive, cannot well be account/ed. 

Besides, your Excellency will please to Remark, 
That the Pivamble gives the Reason of this Instruc- 



438 ADMINISTRATION OF LORD LOVELACE. [1709 

tion, viz. That in the first Settlement it may so hap- 
pen, that the Numher of Inhabitants fitly qualified to 
serve, &c. will be but small. It is therefoi-e plainly 
intimating, That if there were a sufficient Number to 
serve, that Instruction would not have been given. 
Now, My Lord, in this Cause complained of, a suffi- 
cient Number to serve were impanneled; so that, at 
best, an Officer may err in admitting a Quaker, but 
not (with submission) if he does not. 

3dly, Because the last Clause, but one, of the Act of 
the 7 & S of WiUiam the 3d, mentioned by her Majesties 
Instructions, and recommended to be past here, in 
order to the ease of the Quakers, in express words for- 
bids it; which, for the more certainty, I shall pi'esume 
to trouble your Excellency with, and are these: 

*^ Provided and be it Enacted, That no Quaker or re- 
'^ puted Quaker, shall, by virtue of this Act, be qualified 
** or permitted to give Evidence in any Criminal Causes, 
*^ or serve on any Jury, or bear any Office or Place of 
** Profit in the Government, any thing in this Act to 
'* the contrary in any wise notwithstanding. 

The Conclusion of the said Address is so very ex- 
traordinary, that I would not in any way alter it, but 
shall repeat the words, ' ' Wei-e there no more to be said 
''against him than his being indicted for Perjury and 
** Adultry, we humbly conceive would justifie what we 
'' ai-e to desire of youi- Lordship, a Pei-son of that Char- 
"acter being a scandal to her Majesties Council; and 
*' we believe yom* Excellency will think it a Reflection 
''on the publick Administration to continue him in 
''that Station; Wo therefore pray, that your Excel, 
''lency would remove him from your Pi-esence, her 
'• Majesties Council, and from all Places of Tinist and 
* ' Profit in this Province. " So that the said Representa- 
tives in very Plain Terms desire your Excellency, first. 
To (*ondemn me unheard, or before any thing is 
prov^ed against me, upon their bare Affirmation, as a 



1709] ADMINISTRATION OP LORD LOVELACE. 439 

Scandal to her Majesties Council, and that it will be a 
Reflection on the PiibUck Administration to continue 
me in that Station. Therefore, 2dly, with the same 
justice, they pray your Excellency to proceed to Exe- 
cution, viz. To remove nie from your Excellency's 
Presence, Her Majesties Council, and from all Places 
of Trust and Profit in this Province. I hope your Ex- 
ceUency will please to Pardon me, if I say. This Desire 
and Prayer of the said Representatives is dii-ectly con- 
trary to the Liberties and Properties of the Subject, to 
the express words of the Great Charter of England. 
The Petition of Right, the many other subsequent 
good Laws, that in all Reigns have been Enacted for 
the benefit of the Queens Subjects, and only to be 
equalled under a French or Turkish Government; 
therefore the most Unjust and Unreasonable that ever 
were made. 

For, were nothing to be said against the Form and 
Substance of the said Indictment, as much there is; 
were they found (as a Grand Inquest ought to be) by 
impartial unprejudiced Men, the contrary of which is 
evident. The Chief Men being known to be my pro- 
fessed Enemies, because I have many Demands on 
them in Civil Causes, had they been brought into the 
Court in the usual manner, which they were not, but 
in a Method altogether stmnge, or had they been with- 
out any manner of other Objection. Yet even then, 
your Excellency knows they are only a bare Affirma- 
tion, to which the Party never had any Opportunity of 
being heard, much less making any Defense: For 
which reason the Law directs. That the Party shall be 
summoned, not to be judged, much less condemned, 
but heard, that Time and OpiX)rtunity may be given 
him to make his Defence and invalidate the Evidence, 
which may have been Wrongfully or Maliciously given 
against him. But this bare Accusation shall, by the 
Desire of the Addressei*s, who ought to l)e the most 



440 ADMINISTRATION OF LORD LOVBLACE. [1709 

careful Protectoi*s of the Libei-ties of the Province, as 
far as the Law directs, nay, to make new Laws to help 
the Defects of the Former, if Occasion requires it, be 
deemed so full a Conviction and Proof, that Judgment 
and Execution shall follow upon it. 

By this Rule, My Lord, any Gentleman who has the 
honour of Semng the Queen, or any other Officer of 
the Government, shall be Turned out. Ruined in his 
Reputation (which ought to be dearer to him than his 
Life) and treated as a high Criminal, Convicted with 
out being heard, or any Proof against him, whilest his 
only Crime is, that a few leading Men, tho' his Known 
Enemies, have Interest enough with a Sheriff to be re- 
turned on a Grand Inquest. But, My Lord, the matter 
of this Address is yet more extravagant; for all Exam- 
inations of the Gi*and Inquest are upon Oath, but 
much of what I am charged with, in the said Address, 
is only upon a bare Relation given, without the Life of 
an Oath, or any thing else to obUge the Relator to 
speak the Truth, mannaged by one, who pubhckly re- 
fuses to give any assm'ance of his Allegiance to the 
Queen, or FideUty to the estabUshed Government. 
And for sevei-al other Charges, they do not by the Re- 
port of the Committee, or any other Proceedings of 
the Assembly, appear to have been so much as told the 
said Representatives, but must be things framed by 
the Mannagers of the Address. 

Your Excellency will be pleased to Remember what 
a learned and just judge has left as a standing Rule, 
viz. That all Questions and Tryals, where Witnesses 
are examined, the Examination is upon Oath by the 
law, by all our Books, Statutes and every days Prac- 
tice; Examination without an Oath is but loose Dis- 
coui-se. Yet the Promoters of the said Address, 
prevail upon the Representatives, to take upon tlieni- 
selves a much gi'eater Power than the House of Com- 
mons it self ever claimed, viz. not only of Examiiuiig, 



1709] ADMINISTRATIOX OF LORD LOVELACK. 441 

but Condemning, and prajing Execution. Whereas 
the House of Commons, even in Impeachments for 
High-Treason, High Crimes and Misdemeanors, never 
pray any farther, but that the Person Impeached may 
be put to answer for all and every of the Premises, and 
that such Proceedings, Examinations, Tryals and 
Judgments may be upon every of them, as is agreeable 
to Law and Justice. The same Judge says, in another 
place, Magna Charta, The Petition of Right, and other 
good Laws of the Land, ordain. That Mens Tryals 
should be by the established Laws, and not otherwise; 
That they are the very words of the Petition of Right. 
In pui-suance of which. Lords, upon Impeachments 
of the House of Commons, are tryed before the House 
of Lords, and if the said House of Commons find 
reason to accuse a Commoner, they proceed not to con- 
demning, and addressing that he may be removed 
from all his Places of Trust and Profit, but that direc 
tion may be given, that he be prosecuted, in order to 
his acquitting and discharging himself of the Crimes 
laid to his charge, if he can, or else of being legally 
convicted; which Prosecution must be by the estab- 
Hshed Laws, which Laws the Act of the twelf and 
thirteenth of Wilham the 3d, for the further Limita- 
tion of the Crown, and better securing the Rights 
and Liberties of the Subjects, says, are the Birth Right 
of the People of England. I shall not need to trouble 
your Excellency here with a relation of what happened 
on the occasion of the Impeachments of the House of 
Commons, against my Lord Orford, my Lord Som- 
mei-s, my Lord Portland, and my Lord Hallifax, and 
that the House of Lords resolved so, and did Address 
his late Majesty, that his Majesty would be pleased 
not to pass any Censure upon their Lordships, until 
after their Lordships should be tryed upon the said 
Impeachments, and Judgment be given accoi-ding to 
tlie usage of Parliament and the Laws of the Land, 



442 ADMINISTRATION OF LORD LOVELACE. [1709 

because your Excellency being a member of that Noble 
House, and pi'esent at most of those Proceedings, must 
be better acquainted with them, than I can, and will 
not fail of making due Reflections thereon. 

But contrary to all this, the said Address prays your 
Excellency, as I said before, to Condemn me, nay, go 
on to Execution, without any such Examination, be- 
fore any Tryal by the established Laws, without any 
legal Evidence, before being heard, and all in a sum- 
mary way, without any Judicial Proceedings whatso- 
ever. 

How far the Adviser^ of the Address, by this Con- 
clusion, and indeed the whole Address justly entitles 
them to the several Crimes of Illegally using the 
Power are cloathed with, to the great hurt of her Ma- 
jesties Subjects, giving an Evil Example, and rendring 
Liberties and Properties precarious, and at the dis- 
posal of every Assembly, that shall make Envy and 
Spleen, and not the good of their Conntry, the Kule of 
their Actions; whether they, by their unpresidented 
ways, lay not themselves under the Necessity of publick 
Censure? Whether they are not wanting to the Coun- 
try they represent, when they thus endeavour to make 
it a Party to the Injuries they do, and neglect matters 
that justly concerns the whole Province's Wellfair? 
Whether they break not through all Law^s, abuse theii* 
Majesties Subjects, tho' in considerable Offices i 
Whether they desene not Publick Rej)roof, that thus 
use the Places they sit in; so contrary to the end for 
which they are sent? Whether this does not tend to 
i^ender her Majesties Subjects entirely Depending on 
the Capric^e of a Party in an Assembly, and Create in 
the Minds of People an Aversion to her Majesties just 
and mild Government, when some leading Men in an 
Assembly can Displace any of the Council at their 
Pleasui-e, without being allowed to speak for himself, 
or having the Accusation ])roved against him? Whether 



1709] ADMINISTRATION OF LORD LOVELACE. 443 

they encourage not Grand Inquests to Neglect doing 
their Duty, and discoui'age Magistrates from tendring 
the Oathes to the Queen and Government, prescribed 
by sundry Acts of Parliament? And lastly, Whether 
they do not defeat her Majesties good Intentions to her 
Quaker Subjects, and render her Government uneasy 
to the People of that Perswasion, when they neglect 
passing an Act as the Queen directs, and endeavour to 
perswade them, That they may act contrary to Law? 
I say, how far the Advisers to this Address ingross to 
themselves these sevei'al Crimes, with which they im- 
jastly endeavour to load me, I shall submit to your 
Excellencys judgment, and that of all judicious Men. 
And altho' I might now close my Answer, with just- 
ly turning their Conclusions upon the Mannagers of 
this Address, by retorting. That were there no more 
to be said against them, than their Attribtray, Unjust 
and Illegal Conclusions; I humbly conceive it would 
justify what I could desire of your Excellency. Per 
sons of that Piinciple, and who hold those Tenets, be- 
ing unfit to represent a Province, it might be believed, 
Your Excellency would think it dangerous for the pub- 
lick Safety to Continue them in their Stateons, and I 
should pray, that your Excellency would remove them 
from your presence, their places in the Assembly, and 
from all Places of Tinist and Pi-ofit in this Province. I 
say tho' I might justly finish with this, yet I will not pre- 
sume so far, or any way to direct or pr(*43cribe to your 
Excellency, mu<*h less follow an example, which I 
think deserves to be avoided; neither shall I ti'ouble 
your Excellency with any further Remarks on the un- 
presideuted, un war i^an table, unjust and unreasonable 
Request of the said Addreas, nor take ujK)n me to re- 
count the NumlH»rless Pernicious Inconveniences, that 
must necessarily flow from such proceedings, since 
they are too obvious to escape the meanest, much less 
your Excellencys obser\'ation. 



444 ADMINISTRATION OF LORD LOVELACE. [1700 

But for that the matters and things in the said Ad- 
dress contained, are either no Crimes or false in fact, 
or miserably mis-represented, and if any Faults be 
committed, tho' I must insist upon it, that not any 
appears to your Excellency, by the said Addi'ess, they 
are such as are and must be regularly tryed before the 
Establis**^ Courts, according to the known Laws of her 
Majestys Kingdoms, and the Custom of said Courts, 
and cannot be examined or tryed any other way; and 
for preventing the many ill and unwaiTantable conse- 
quences that must needs attend such uncommon and 
illegal ways of scandalizing all Officers, b.ut especially 
those that have the honour of being of her Majestys 
Council, to whom some Civility and Respect is or 
ought to be done, I humbly pray that the said Address 
may malce no impression upon your Excellency, but 
be utterly disregarded, and that your Excellency will 
be pleased, so effectually to discountenance such new 
and impresidented Methods of villifying Officers of the 
Government, particularly those whom her Majesty 
has thought fit to honour with a Place, in her Majes- 
tys Council, that I may in some sort be justified there 
by, and receive all the satisfaction the nature of such 
an Addi-ess will bear, and to your Excellency in your 
Wisdom and Justice shall seem meet; which is hum- 
bly submitted to Your Excellency's Judgment. 

Peter Sonmans. 
Amboy April 14. \7W. 



To the .Honourable Rich. Ingoldesby Esq.. 
Lieut. Gtovernour and Commander in Chief 
of the Provinces of New Jersey, New- York 
and Territories depending thereon in Amer- 
ica &c. 

May ihplease t/ottr Honour, 
The foregoing Answer being prepai*ed and written 



1709] ADMINISTRATION OF LORD LOVELACE. 445 

long before the death of his late Excelleney, the Lord 
Lovelace, I have presumed to deliver it to your 
Honour, in the same stile and manner as it vras first 
intended, without any Alteration, assuring myself 
that your Honours Judgment will easily discern the 
grounds of so unwarrantable and unpresidented a 
Proceeding, and your Justice give me such ample sat- 
isfaction as the nature of the thing will bear. All which 
is most humbly submitted to your Honours Judgment 

by 

Your Honours 
Amboy Jime 1 1 Most Obedient humble Servant, 

1709 Peter Sonmans. 



An Appendix. 

To the Honourable House of Representatives 
of Her Majesties Province of New-Jersey, 
now met and assembled in Gteneral Assem- 
bly at Perth- Amboy. 

The Petition of us under-Subscribers, summon'd to 
serve uj)on the Grand Inquest at Her Majestys Comi; 
of Sessions, held for the County of Middlesex in the 
said Province, the Eight Day of this Instant March. 
Hfiinbltj Sheireth 

That in ol)edience to our Duty, and to manifest our 
readiness to serve her Majesty and our Country, we 
did all a})jx?ar at the opening of the said Court, and 
answer each of us to our respective n^mes, as we were 
allied, and did render oui-selves to take the Accustomed 
Oaths, which have always l)een given to Grand 
Jiirys; but befoi-e wr were pennitted to take the said 
Oaths, P(»tt»r Sonmans, Esq; Pi*esident of the said 
('ouil, would know (as he said) whether we had taken 
some other Oaths, which he desired Jeremiah Bass, Elsq 



446 ADMINISTRATION OF LORD LOVBLACE. [1709 

Secretary of said Province to bring, but W Bass refus- 
ing, he the said W Sonmans adjourned the Court till 
three of the Clock in the after-noon. 

We your Petitionei-s did continue our attendance in 
expectation of the Coiui;s sitting till after sun set, and 
within night, when we were \uider a necessity of re- 
pairing to our respective Homes, where not only the 
wants of our FamiUes obUged us, but also the Town 
being so crowded we could obtain no Lodging. After 
the said M*^ Sonmans knew that your Petitionei-s were 
dispei^sed, he called the Court by candle hght, and as 
we are informed^ hath fined each of yom- Petitioners 
in the sum of Thirteen ShiUings and four pence. Your 
Petitioners do further beg leave to inform this Hon- 
ourable House, That as we are ci-edibly informed the 
said Mi\ Sonmans stands indicted at the last Supream 
Court of this Province for the Crimes of Perjury and 
Adultery, from whence we have reason to conjecture, 
that he being conscious of his own Guilt, and being in 
terrour of more Indictments, he took the methods 
above said to frustrate the Grand Inquest pioceeding, 
as in Justice they ought. 

Your Petitioners therefore humbly pmy, this hon- 
ourable house will take the Premises into considera- 
tion, and to take such Methods as in voui* wisdom 
shall think fit, tor Relief of this C^oimtv in General, 
and your Petitioners in pailicular, from such unpi-e^i- 
dented Procedures and unjust Fines: and as in duty 
bound your petitioners shall evei* pray. 
Miles Foster Petei- Bargomi David Denham 

Samuel Dolte Jerimiah Reader John Heaixl 
John Orinston George Willocks John Ilslet^ 
Matthew More John Pike junier Jonathon IlsU*e 
Isaac Smallev John Molleson Thomas Blumfield. 
Joseph Fitzrandolph 
A True Coppy, 

J. PiNHORN. 



1709] ADMIXI8TBATI0N OF LORD LOTELACE, 447 

The Report of the Committee upon to said Pe- 
tition, viz. 

Die Marcurij A. M. 16 March, 1708. [9?] 

The Foreman of the Grand Juiy, on behalf of him- 
self and the rest made it appear to this Committee, 
that the said Juroi*s gave their attendance, according 
as specified iu said Petition; aad that the said Peter 
Sonmans, Esq: stands indicted as is declared in said 
Petition as also, divers other things are alledged. 
against him to this Committee, viz. Jacob Arents 
declared that the said Peter Sonmans imployed or 
advised him to aiTest John Barclay on the Sabbath 
day, which he did accordingly. 

John Brown declared That the said Sonmans had 
taken away his Hoi'se A\atliout shewing him any reason 
for it, and that he had commenced an Action against 
him for said Horse. 

William Fi'ost, Constable, Saith, Peter Sonmans had 
ordered him to bring Robert Mellin before him upon 
John Reeves complaining of f ellony against said MeUin 
which afterwards, at the desiiv of said MeUin, John 
Brown cairied him over to Statten Island, at which 
Sonmans was displeased and Committed the said 
Brown into the Sheriffs Custody, where he remained 
until Bailed out, altho' Reeves afterwards declared, 
that the said Mellin had not stole the Coat, before pitJ- 
t(^nd(Hl, but d(itained it for his pay. 

Adam Hud(»y | Hudef J, Sheriff, saith. That Sonmans 
told him. That com])laint was made to him agauist 
Mellin, on which complaint he would commit him into 
his CustcKly, but the next day he committed John 
Brown, which after sometime he admitted to be bailed 
out, at which said Sonmans was veiy Angiy, and said 
he would go to York to my Lord, and throw up his 
Comniission, and desire my Ixird to send Souldei's to 



448 ADMIXI8TRATI0N OF LORD LOVELACE. [1709 

rule them, And further saith, That upon Tryal of John 
Harrison at Supream Court at Burlington, in a cause 
depending between said Sonmans and Harrison, Son- 
mans told him, that he had need to summons a good 
Jury; and that John Harrison being Captain, there 
was none on their side Boundbrook fit to serve, but he 
could advise him of a Jury of good men, all in his way 
which he accordingly gave him a List of ten or eleven 
men, which were all Dutchmen. 

Thomas Grordon saith, Michiel Van Veighty desired 
him take out a Writ against Alexander Walker, and 
sign it in his name, which he did; but afterwards it 
was disallowed by Sonmans, because it was not Michael 
Van Veightys handwritting, altho' Michael Van 
V^eighty owned it to be his order in open Court, yet it 
was thrown out; notwithstanding said Sonmans signed 
a bill of Costs of three Pounds seventeen Shillings • 
and ten pence; and after allowed another Action in 
the like case. 

Apphcation being made to Mr. Sonmans by Thomas 
txorden, on behalf of a poor sickly boy called John 
Loveridge, that one Alexander Walker went on the 
Sabbath day with an Ax to him, and thi-eatnd to wash 
his hands in the boys blood, M' Sonmans acknowledged 
it was a notorious violation of the Peace, but said he 
had not time, and refused to meddle in it. 

John Brown declares, that Mr. Sonmans has turned 
out Quakers from serving upon Jurys, upon accoiuit 
of their Pei'swasion. 
A True Coppy, 

J. PiNHORN. 



To his Excellency John Lord Lovelace, Baron 
of Hurly, Captain Generall and Grovemour 
in Chief of the Provinces New-Jersey, 



1700] ADMINISTRATION OF LORD LOVELACE. 449 



New York and Territories depending there- 
on in America, and Vice Admiral of the 
same. 

The Humble Petition of Peter Sonmans, 

S/icweth 

That divei-s of the Free-holdei*s of this Country be- 
ing duly Summoned to attend, the Com-t of General 
Sessions held at Amboy on the eight Instant, to serve 
upon the grand Inquest, for this & the County of 
Somerset, did appear at said Court, and answered to 
their Names as they v^ere called. 

That George Willocks being impannelled as Fore- 
man of the said Inquest, coming to be sworn, was 
asked by your Petitioner whether he had tak<»n the 
Oaths to the Queen appointed by sundry Acts of Par- 
liament? to which Mr. Willocks gave no direct answiu-, 
but objected against the Authority of the said Court 
of Sessions to administer said Oath. 

That the said Court of Sessions being very well as- 
sured of their Authority to administer said Oaths, and 
informed, that said Willocks had n(^v(»r takini them, 
ordered their Clerk to get th(^ Rolls, in which said 
Oaths were contained, in order to tender them to said 
Willo<*ks; but siiid Willocks then positively declared, 
if the Rolls were* there, he would not tak(» them, for 
that he would jiot take the name of the Lord in vain; 
and that he having attendcnl and answere<l to his 
NanuN should or did not think himself obliged to at- 
tend said Coui't any long(»r, or words to that effect. 

The Clerk not having said Rolls, the said C-ourt of 

Scissions piayed the Secretaiy to lend them the Rolls 

lie had, but the Sc^cretary making some objections 

thei-eto, the said Court adjourned to three a Clock in 

20 



450 ADMINISTRATION OF LORD LOVELACE. [1709 

the afternoon, in order to procure the old Bolls be- 
longing to this County, or new ones. 

That the said old Roll not being to be found, your 
Petitioner immediately employed the Door-Keeper of 
the Council to prepare new ones, which notwithstand- 
ing the utmost diligence, could not be in a readiness 
until about six in the evening. 

That immediately after the said Rolls were tran- 
scribed, the said Court opened again, and the said per- 
sons summon'd to attend, as aforesaid, were again called 
upon, but not one attending or answering their Names, 
the said Court resolved not to proceed (as indeed they 
ought to have done) to fine said Defaulters, because 
they would not be deemed too sei-ve [severe?,] but ad- 
journed until the next day at nine a Clock in the 
morning. 

That the said Court opened again, according to their 
adjournment, and called over the Pannel, but only one 
answered said Call, altho diver's were above the Court : 
whereupon said Court seeing their Authority opposed 
in a veiy high degree, proceeded to fine the said De- 
faulters according to Law. 

That notwithstanding the great lenity of said Court, 
the said George Willocks with fifteen of the said De- 
faultei's, have presented a very Scurrelous, Malicious 
and Scandalous Petition against your Petitioner, to the 
House of Representatives, a Copy of which is here- 
mito annexed: the allegations of which are not only 
false in fact but likewise very opprobrious and inju- 
rious to your Petitioner, who could not in duty act 
otherwise then he has done. 

That your Petitioner not bein^ conscious of any 
guilt, is not afi-aid of any Indictments, except such 
as moer Malice or Envy, without any ground or proof, 
where partys are Judges, can suggest, of which nature 
those are in the Petition mentioned, and writ by the 
own hands of said Willocks, tho' n<jt of that Inquest : 
That such Proceedings and Affronts are wholly un- 



1709] ADMIKI8TRATI0K OF LORD LOVELACE. 461 

presidented, highly dishonouring to Her Majestys 
Grovernment, tending to the great encouragement of 
Non- Jurors subverting the very being and Authority 
of Courts, and discouragement of the Judges and 
Justices of the respective Courts from doing their 
duty. Your Petitioner therefore hiunbly prays, 

That your Excellency and the Honourable Council 
will be pleased to put an effectual stop to such se- 
ditious Practices, and order such suitable satisfaction 
to your Petitioner, and give such further directions 
as your Excellency in your great Wisdom shall 
judg proper and necessaiy 

And your Petitioner shall ever Pmy. 



Jacob Arents of Am boy, Practiser of Physick, 
Aged about 36 years, being sworn upon the holy Evan- 
gelist of Almighty Gk>d, maketh Oath, that That on 
or about the 15th of March last, he this deponent wa.^ 
twice summon'd to attend a Committee of the House 
of Represntatives by one Cutler, who, this Deponent 
was informed, and believes, was Door-Keeper to the 
said House, and told this Deponent, that he was 
commanded by the Committee to fetch him. Where- 
upon this Deponent attended the Committee, and was 
there examined by (j<H>rg(» Willocks (who this depo- 
nent is informed, and verily lielieves, was not one of 
the Representatives, but a Petitioner to the Commit- 
tee) touching the taking of John Barclay, whom 
this Deponent saith, he took on or about the 23d 
dav of May, J 708. bv virtue of a Commission of Re- 
bellion issued out of the Com-t of Chancery, and de- 
liver(»d to him by Peter Sonmans Esq; under the Seal 
of the Province, in which this deponent was named 
the first Commissioner. 

And this deponent further saith, That some time in 



45*2 ADMINISTRATION OF LORD LOVELACE. [1709 

the said Month of May, he this deponent heard one 
John Eeeves make a Complaint to Mr. Sonmans, That 
one MelKn, a Taylor (to whom and his wife) Reeves 
had let part of his house, had left his house when he 
was gone out, and taken with them a Coat which the 
Taylor had made for Reeves, and he had worn several 
times; That he mist several other things out of his 
house, to wit, some Rum, wool and working Tools, 
which he suspected Mellin and his wife might have 
taken, whereupon prayed Mr Sonmans to grant him a 
warrant to bring Mellin before him, which Mr. Son- 
mans having granted, Mellin was brought before him, 
who examined him upon Reeves Complaint. That 
MilUn confest the taking of the Coat when Reeves was 
from home, and that Reeves had sevei-al times worn 
it. That some Witnesses, particularly one Elizabeth 
Sharp gave some evidence relating to Wool, which 
Reeves said he missed and was brought to spin, or 
work up some other way, by MelUns wife to one Mary 
Arents; but that Mellin said he knew nothing of that 
matter. That Mr. Sonmans told Mellin that he must 
commit him, but while Mr. Sonmans was writing the 
mittimus, Melhn was going away, which being told 
Mr. Sonmans, he called to the Constable that he sliould 
take cai'e of Mellin, being committed to his charge, or 
w^oi-ds to that effect. But that the Constable neverthe- 
less suffered Melhn to escape, and that one John Brown 
canned him to St^itten Island, whereupon Mr. Sonmans 
issued out a warrant to bring Brow^n befoi-e him, but 
that Brown would make little answer to the sevei-al 
(Questions put to him about his conveying Mellin away. 
That Mr Sonmans told Brow^n that ho must find suretv 
to appear, and answei* it the next Quarter Sessions, 
which Brown refused, and putting his Anns on his 
side, asked some of the company for a Horse, and said, 
lie would ride to Goal in state. 
That the next day this Dei)onent rid with Mr. Son- 



1709] ADMINISTRATION OF LORI> IX)VELACE. 453 

mans to Woodbridge, that at the entrance into the 
Town, they were met by the Constable and John 
Brown, upon which Mr. Sonmans commanded the 
Constable several times to bring Brown back into 
the Town, before him, but that the Constable did not 
do it. That this Deponent with Mr. Sonmans, went to 
the Sheriff, whom Sonmans asked, how he came to 
Bail Brown? That the Sheriff said, he had three Men 
bound in One Thousand Pounds, a piece for Brown's 
api^earance when he should demand him. Upon which 
Mr. Sonmans advised the Sheriff to send for him again 
immediately, for that he could not answer what he 
had done, and related to him how disobedient the Con- 
stable had been, of which Mr. Sonmans said, he would 
complain to My Lord, and pray that he might be pros- 
ecuted for it. That this Deponent afterwards hearf 
that Brown remained in the Sheriffs Custody until he 
was bailed out. 

And this deponent further saith, that on or about 
the 9th of January last this deponant was at dinner 
with Mr. Sonmans about three of the Clock in the af- 
ternoon, being to go with Mr. Sonmans to visit a sick 
person as soon as they should rise from the Table, that 
just befoi-e Dinner was over, Mr. G6rden came and 
told Mr. Sonmans that he had heard that Alexander 
Walker had beat his wife, and threatned or attempted 
to kill his Wife's son, one John Loveridge, praying 
that Walker might be bound to the Peace. Mr. 
Sonmans told him, that he was sorry to hear it, but 
that he was just going out of Town, should be back at 
night, thererefore desired Mr. Gordon to apply to 
some other Justice, if the matter required haste. That 
Mr. Sonmans and this Deponent went out of Town 
immediately after, returned in the evening, and that 
Mr. Sonmans went out of Town again next morning 
about ten ; but that Mr Gorden nor any other made 
any application upon that Subject after the fh'st to 



454 ADMINISTRATION OF LORD LOVELACE. [1709 

Mr. Sonraans, that this Deponent ever heard of, tho* 
he was with Mr. Sonmans all the while. And further 
this Deponent saith not. 
Jurat 7 Die Junij, 1708 [9?] 

Coram me, J. Arents. 

Richard Townley. 



John Bishop, Clerk of the Peace for the County of 
Middlesex and Somerset, aged about Sixty years, being 
Sworn upon the Holy evangehst of Almighty God, 
maketh Oath, That the Free-holders summon'd to 
serve upon the Grand Inquest at Court of General 
Quarter Sessions of the Peace, held for the said County 
at Amboy on the eighth of March last, did all answer 
to their names as they were called, That George Wil- 
locks being impannneled as Fore man, before he took 
the Oath appointed for that end, was asked by Peter 
Sonmans, Esq; President of the Sessions, whether he had 
taken the Oaths to the Queen appointed by sundry Acts 
of Parliament, in the room of the Oath of Allegance 
and Supremacy? To which Mr. Willocks made little 
answer but objected against the Authority of the 
Court to Administer said Oaths. That the Court Or- 
dered this Deponent to get the Parchment Rolls in 
which the Oaths were contained, in order to tender 
them to him. That M. Willocks declared his doubt 
whether he would take the said Oaths, if the Rolls 
were there; and said. That having attended and an- 
swered to his name he should not, or did not think him- 
self obhged to attend the Couii any longer, or words 
to that effect. That this Deponent not having the 
Rolls the Secretary was desired to lend liis, but the 
Secretary making some objections to that, the Court 
adjourned to three of the Clock in the after-noon, to 
procure the Rolls afoi*esaid; but that notwithstanding 



1709] ADHIKISTRATION OF LORD LOVELACE. 455 

the utmost diligence, they could not be got ready till 
about six of the Clock in the evening. That imme- 
diately after the Rolls were transcribed, the Court 
open'd again, but not one answered to their names of 
all those that were impanneled upon the Grand In 
quest, That the Comi; did not proceed to fine the de- 
faulters, but immediately adjourned to nine the next 
morning. At which time the Court being again 
open'd, the Pannel was again called over, and but one 
answered to his name, tho' several lived in Town (and 
as this Deponant has been credibly informed, and ver- 
ily beUeves) were about the Court the night before, 
and that morning looking in at the window, where- 
upon the Court fined each of the defaulters thirteen 
shillings and four pence. That a new Precept was im- 
mediately given to the Sheriff to summons another 
grand Inquest, and that some hours after the Sheiiff 
returned the Precept, that he could not find men enough 
to impannel. That no other Oaths but those l)efore 
mentioned were offered the said WiUocks. 

And this Deponent further saith. That on or about 
the 25th day of May last, the above mentioned Oaths 
were regularly tended to Mr. Willocks by Mr. Son 
mans and John Drake, two of Her Majesty's Justices 
of the Peace for the said Countys, at Amboy aforesaid 
in the County of Middlesex, but that he i-efused to 
take them objecting against the Authority of two Jus- 
tices to Administer the same, altho' he well knew that 
Mr. Sonmans was of the Quorum, which this Depo- 
nent also recorded among the Minits of the said Court. 

And this Deponant further saith. That in a suit de- 
pending in the Court of Pleas before Mr. Sonmans be- 
tween Michiel Van Veighten, Plaintiff, and Alexan- 
der Walker, Defendant, the Attorney General moved 
for the Defendant, that the Writ might abate, be- 
cause it bore Test in the vacation, which exception was 



456 ADMIXI8TRATI0X OF LORD LOVELACE. [1709 

allowed by Mr. Sonmans, and the Writ ordered to 
abate. And further this deponant saith not. 
Jurat 7 Di*^ Junij, 1709. John Bishop, CI. 

Corum me, Daniel Cox. 



John Pinhom, Esq ; one of the Clerks in the Coui-t 
of Chancery of the Province of New Jersey, and Clerk 
of the House of Representatives, aged about 27 yeai-s, 
being Sworn upon the holy Evangelists of Almighty 
God, maketh Oath, That sometime in the month of 
May, in the sixth Year of the Reign of her present 
Majesty, Annoq; Domini, 1707, this Deponent as 
Clerk, in the Court afoi-esaid, filed a Bill against John 
Barclay at the suit of Peter Sonmans, Esq. That the 
time usually allowed by the said Court to answer be- 
ing elapsed, he this Deponent made out an attachment 
against the said Barclay for his Contempt, but bef oi-e 
he was taken upon that Writ, the said Barclay on or 
about the 7**" day of November, in the same Year by 
his Counsel moved the said Court for a months time 
to answer the said Bill, as this Deponant is informed 
by the Register of said Court, which being gi*anted, 
and time also being spent, this Deponant made out an- 
other Attachment against said Barclay, and so run 
throw the whole course of the Court. The said Bar- 
clay not answering the Bill aforesaid, the Deponant 
made out and sealed a Writ of Commission of Reb- 
bellion against him, on or about the sixteenth of May, 
in the Seventh year of her present Majestys Reign 
Anuoq; Domini, 1708, directed to Jacob Arents and 
others, by virtue of which Ai'ents took him, and 
l)rought him into the said Court, on or about the third 
day of June, in the same year, by which Court he 
was committed in Salva Arcta Custodia, and remained 
so imprisoned until the said Court, on or alnrnt the 
twelf (lay of March last, commanded this Deponent to 



1709 J ADMINISTRATION OF LORD LOVELACE. 457 

make out a Commission to be sealed, and was sealed, 
directed to John Wells and another, to bring Barclay 
into Court, by virtue of which Commission, Wells 
took him out of his Confinement, and brought him 
into the said Court, which he again moved by Petition 
on or about the 18th of March last for further time to 
answer, which was granted. And that the said Bar- 
clay has been in perfect Uberty and freedom ever since, 
altho he hath not to this day cleared his Contempt, nor 
hath this Deponent had any notice that the said Bar- 
clay hath fyled his answer to the said Bill. 

And this Deponent fiuther saith, That George Wil- 
locks is not one of the Representatives of this Prov- 
ince, but on or about the tenth day of March last, 
Petitioned the said House, with fifteen others, that 
were summoned to serve on the grand Inquest at the 
Coui-t of General Quarter Sessions of the Peace, held 
for the Countys of Middlesex and Somerset at Amboy 
the 8th of March last, which Petition was read in the 
House of Representatives of the said Province, and 
committed to a Committee, from which Mr. Royse 
made a Report to the said House; upon which an Ad- 
dress, was agreed by the said House to be made to my 
Lord Lovelace, late Govemour; but that divers of the 
Representatives were utterly against the said Address, 
and all the Proceedings i-elating thereto, saying, it was 
only Mahce and Private Resentment of the said Wil- 
locks and some of the leading Members of the said 
House, and that not any part of it appeared or was 
Pi'oved. And fvuther this Deponant saith not. 

Jurat 10 Junij, 1709. J. Pinhorn 

Corem nie, 

Richard Townley. 



Adam Hude, High-Sheriflf of the Countys of Middle- 
sex and Summerset, aged about 47 years, maketh Oath, 
being Swom upon the Holy Evangehsts of Almighty 



458 ADMINISTBATIOK OF LORD LOVELACE. [1709 

God, That he this Deponent had a Writ delivered to 
him to arrest Peter Sonmans, Esq; at the Suit of John 
Brown, in the Supream Covuii, which Writ was not de- 
Uvered to him mitil some time in November last, long 
after Brown was bailed out of his Custody upon the 
business of carrying over Robert Mellin to Statten 
Island. That he arrested Mr. Sonmans soon after he 
received the Writ. That he heard and verily believes 
the cause of Action was about a Horse which Brown 
alledg'd Mr. Sonmans had taken from him. 

And this Deponent fm-ther saith, That John Royce 
and Capt. John Harrison, who ai^e now two of the 
Representatives, together with Judadiah Higgins, were 
upon the Grand Inquest at the Supream Court last 
November. And that in the Moneth of March last, 
this Deponent was summoned to attend a Committee 
of the House of Representatives, which he attended, 
but should not have gone, if he had not been sum- 
moned. That he was there examined at the request 
of G^o. Willocks about a Commitment of Rob. Mellon, 
John Brown, and several other things. That John 
Royce was Fore-man of the Grand Inquest at the 
Court befoi^e mentioned. And further this Deponeth 
saith not. 

Jurat 8 Die Junij, 1709. Adam Hude 

Coram me, 

William Pinhorn. 



To all to whom these Presents shall come, or may 
concern, Greeting. 

On Search of the Docquet of Causes depending in 
the Supi'eam Court of her Majestys Province of Nevv- 
Jei-sey, I find a Writ was issued out that boi^e Test 
in May Term, 1708. of one John Brown against Peter 
Sonmans, but was not sealed in the Office till Septem- 



1709] ADMINISTRATION OF LORD LOVELACE. 459 

ber 1708. and returned in November, 1708. and that 
some considerable time before the sealing of the said 
Writ I and M' John White, had, on the first application 
made to us, admitted the said John Brown to bail, and 
certified the Recognizance into the Supream Court, 
And that said Brovim was committed by the said Peter 
Sonmans for assisting one Mellin, who was accused of 
Fellony, to make his escape. 

I do also further Certifie, That I bayled the said 
Brown without ever acquainting his Excellency the 
Lord Combury with the same, nor know I of any ap- 
pUcation made to him on this matter. 

I do also Certify, That Peter Sonmans was admitted 
and took his place as one of her Majestys Council for 
the Province of New- Jersey, the 8th of August, 1708, 
at BurUngton. 

I do also Certifie, That John Royce was Fore-man 
of that Grand Juiy that found the two Indictments 
of Perjury and Adultery against the said Peter Son- 
mans in November, 1708. and that the said Jury con- 
sisted of Pei'sons whose Habitations were some in the 
County of Middlesex, and othei*s in the County of 
Somei-set. That Royce had formerly been Deputy 
Secretary to Jer. Bass, Esq; but had been some time 
afore turned out by him. That the said Peter Son- 
mans had at the same time several considerable Causes 
depending in the same Court against Capt. John Har- 
rison, Judadiah Higgins and the said Royce, who were 
all on the said Grand Jmy. 

That the Indictment for Perjmy against the said 
Peter Sonmans, Esq; was giounded on an Affidavit 
made by the said Sonmans befoi'e Coll. Daniel Cox, 
one of the Judges of the said Court at BurUngton, in 
the County of Burhngton, of several Sums of Money 
by the said Sonmans expended, and which he desii'ed 
allowance of, as Costs in the Cause. 

That the said Sonmans had not any Venire's sealed 



460 ADMINISTRATION OF LIEUT. GOV. IN00LDB8BY. [1709 

in the OflBce, for any Causes to be tryed at Burlington, 
by a Middlesex Jury, nor any Causes tryed that Term. 
That the Cause Dom Regine ver. John Harrison came 
to Tryal at the Supream Court held at Burlington for 
the Province of New- Jersey, the 4th, 5th, 6th, 7th and 
8th of May 1708. excepting a Cause against Mr. Por- 
ster, which he recovered that Term, 

In Testimony whei-eof I Jeremiah Bass, Esq. Secre- 
tary of her Majestys Province of New Jersey, and 
Prothonetary of the said Supream Court, have here- 
unto set my Hand this 9th day of June, 1709. 

Jeb Basse Secry. 

FINIS. 



Let the answer of Peter Sonmans, Esq, to the Ad- 
dress of the Greneral Assembly of New- Jersey, to his 
Excellency John Lord Lovelace, late Gfovemour of 
this Province, with the Report, Petitions, Certificates 
and Affidavits, &c. be Printed. ' And for your so do- 
ing this shall be your Warrant, Given mider my Hand 
this 14th day of June, 1709. 

Richard Ixgoldesby. 



Letter front Lieutenant Governor Ingoldesby to the 
Lords of Trade, about New Jersey affairs. 

[From P. R. O. B. T. New Jersey, Vol. 1. C. T)?.) 

Letter from Col. Ingoldesby Lieu^ Grovf of New 
Jersey, Rec'ed 20'^ August 1709 

Perth Amboy the lO**^ June 1709 
My Lords, 

I doe myselfe the honour to Remind your Lordships 
that though I have already Severall times during the 



• Printeil by William Bradford, at the SiKn of the Bible in New-York. 1709. 



1709) ADMINISTRATION OF LIEl'T. GOV. INGOLDESBY. 461 

Gouemment of My Lord Cornbury writ to Your 
Lord^" and that honorable board yet I have not been 
favored with one Line in anerswer I presume your 
Lordships may already have Receiued notice of the 
death of my Lord Lovelace late Governor of this Prov- 
ince & from his Lady the minutes of all that passed 
either in Councill or Assembly with other pubUq trans- 
actions during his Gouernment Since the Secretary 
has Ashured us that as to wliat relates to his Office and 
duty he hath deUuered two Coppys to his Lordship to 
be transmitted home to Your Lordships: Togeather 
with thes Your Lord ships will Receiue an accompt of 
what passed in both Gouemments of New York and 
New Jersey how I had the Administration thereof and 
hope nothing will be found wanting that Your Lord- 
ships expect to haue retained by me although I can- 
not but Acquaint Your Lordships that the multiplicity 
of buseness ocasioned by my Lord Lovelaces comeing 
into the Gouemment death and Arivall of Coll Nic- 
holson and Coll Vetch with her Majestys Commands 
to Call an Assembly In each Province & to giue them 
all possible Assistance in that Great and Glorious de- 
sign has rendred it very dificult to comply with her 
Majestys instructions so punctually as I might other- 
wise haue done & may Excuse me to Your Lordships 
in case* thei-e should happen to be anything omitted 
the Present state of the Gouei-nment your Lordships 
will be fully acquainted with by the Papers you will 
R^^ceiue with this letter and your wisdomes will easily 
(liscx^me the vn happy causes of the non complyanc<» 
of the Province of New Jei-sey with her Majestys 
Comands in the Supplying the expected Qvotasof Men 
& money for the reduction of Canada to providde partly 
from th(» admision of Quakers into the Assembly & 
(loui^nnient and partly from the factious & turbulent 
Spiritt of some other persons in this Gouemment is a 
full Confirmation of all that hath formerly been wrot 



462 ADMINISTRATION OF LIEUT. GOV. INOOLDESBT. [1709 

• 

to Your Lordships on that head and although Your 
Lordships haue all the Voates of the Assembly & pro- 
ceedings in Council before you yet I cannot omit men- 
tioning two or three of them to Your Lordships as 
SuflBtient demonstration of the truth of my assertion 
May 31"' Po Merid, Motion being made and the Ques- 
tion being putt whether this house would detach 
Men for the present Expedition it passed in the Nega- 
tive Ter'' Jun 1709 Resolved the following words in the 
Address to Coll*' Nicholson Vizt that his honnor would 
Obleidge our Province & our nation by takeing on 
him the Supreame Command of the forces employed 
against Canada by Land this house takes to Signifie 
none but Such as Volluntarily doe Ust themselves un 
der his Command. Dies Vener 9'** Jime 1709: The 
engrosed bill for the raiseing of three thousand pound 
for her Majestys Service was read the third time & up- 
pon question put was Rejected. Mr. Gardner on be- 
halfe of the People that were called Quakers that were 
Members of this house desired that the following en- 
try might be made Vizt the members of this House be- 
ing of the people called Quakers have always been & 
Still are for raiseing Money for the Support of her 
Majestys (xovernment But to I'aise money for the 
raiseing Soaldiei^s against their Religious Prinsples & 
for Conscience cannot agree thereto. I camiot but Ob- 
serve to Your Lordships that had the bill passed as it 
wa.s rejected it would not haue been very sei'viceable 
Since the sum of Three Thousand Pounds were to be 
paid to Such as Vollmitarily Inhsted themselves to Goe 
on the presant expedition and Not otherwise So that 
if tliero were Not two hundred Vollunteei^s out of the 
Province there was no Provision for any men that 
were detached from out of the Mihtia I doe assure 
your Lordshipps I have li^ft no stone unturned to 
manifest my zeale & diligence in this matter & heartily 
Sorry that it has miscarried I thinke my duty further 



1709] ADMIXISTBATIOX OF LIKUT. GOV. INGOLDESBY. 4(>3 

to acquaint your Lordships that there are two of her 
Majestys Council dead that are mentioned in my Lord 
Lovelaces Instructions viz* M' Dauenport Captain An- 
drew Bowne & two l)eing at that removed Viz' M! 
Reuell and Mr Leeds who both resided in the Western 
division of this Province, that are two of the mem 
bers of the Councill for that division Still wanting I 
have therefore according to her Majestys instructions 
Sent a list of the names of Such persons as I beUeve 
most proper to fill up the said Vacancys which I think 
is for her Majestys Service to be Spedily done that 
we may have as many of the Councill as is possible to 
Assist on all Occasions To acquaint your Lordships 
that the Assembly hath Raised nothing for the Sup- 
port of the Government & payment of Sallaries of the 
officers no Contingent charges of Expenses that I 
have Receiuved no more then two Years Sallary Since 
my arivall here in this Province & haue maintained 
the honor of my Post & Service of her Majesty at my 
owne expence without any manner of reward four 
about four years Is but to Say what I beleiue your 
Lordships acquainted withaU Onely I thinke it a Jus- 
tice Due to My Selfe to assure your Lordships that in 
all the Course of my adminstration here I dare Chal- 
lenge every Individual! Man in both the provinces to 
instance in any One thing that they have been wi'onged 
or might haue any just complaint against Me and 
thei'efore Cannot but hope that I may haue yoiu* 
Lordships Reconmiendations of Me to her Majesty 
either for the Continuance of Men | Me Jin the Chief Com- 
mand of these Goueniments or such other provision 
as may in Some measure Reimbui'se me for my time 
& exp(»nces I haue bc»en many yeai's always in the Ser- 
vice of the Crowne & haue had the honor of beareing 
a Coin'ison under it & am Shure haue neuer Violated 
either my honor or the tmst Reposed in me & there- 
fore thinke haue a just pi'etention to this post that the 



464 ADMINISTRATION OF LIEUT. GOV. INGOLDESBY. [1709 

death of My Lord Lovelace & her Majestys Commis- 
sion hath placed me in & hope that I may receiue a 
Confirmation thereof from her Majesty by her Let- 
ters Pattents I have farther to add to Your Lordshipps 
that at the desire of the Grentlemen of her Majestys 
Councill & for the reasons AUedged in the Address 
that Your Lordships will See in the minutes of the 
Councill I haue thovght it for her Majestys Service to 
Suspend Lewis Moms Esqr from being one of her 
Majestys Councill or any other office or place of 
profit or trust in this Province untill her Majestys 
pleasure be farther known & Cannot but belieue that 
her Majesty will see it to be for her Service to Con- 
firme the Same My Lords Although the Stubborness of 
the Assembly in not complying with her Majestys 
Commands Relateing to the present expedition Occa- 
sioned my adjoming them by the advice of her Ma 
jestys Councill Yet that nothing maybe left untried to 
forward the same I have Called them again to Meet 
at Burlington the twenty third instant & hope they 
may be prevailed with to Study their own interest & 
her Majestys Service I am with all due regaixis 
My Lords Yo' Lordships most 

Obedient humble Sei-v' Rich: Lngoldesbv 



From Colonel Nicholson and Colonel Vetch to the 
Lords of Trade, about the course of the Qvakers in 
New Jersey and Pennsylvania, 

I From N. Y. Col: Doct«.. Vol. V., p. 78.J 

To the R' Hon*'^^ The Lords Commiss" for Trade 

and Plantations. 

My Lords 

We cou'd not but judge it our Duty to acquaint 
Your Lord'" of our safe arrival here and in short of the 
suc<;ess hitherto of Your Negotiation, which Your 
Lord**' contributed so heartily Yom: endeavours for ad- 



1709] ADMINISTRATION OF LIEUT. GOV. iKOOLDESBt. 466 

vancing; We have met with the wished for success in 
all Governments who are concerned in the same, save 
those of the Jerseys and Pennsylvania the first of 
which has one half of its Assembly Quakers, and the 
latter the whole number is almost so, whose pretended 
principles being against Fighting, they have not as yet 
rais'd either men or money for the Expedition, and in- 
deed as their principles are inconsistent with Govern- 
ment, so their practice is to Oppose all good Order, 
and Especially any Directions from the Crown, as we 
have but too Visibly seen at this time, for which 
reason we have joyned with the gentlemen of the 
Council and Assembly of the Jei-seys, who are not 
Quakers, in Representing to Her Majesty the necessity 
of giving an Instruction to Her Govemoi'S not to ad- 
mit any into the Council or AssembUes but such as 
QuaUfy themselves as the Act of Parham* dkects; This 
we doubt not Your Lord^" will think fitt to advise Her 
Majesty to do, when it comes before you, as likewise 
to advise Her Majesty to proper Methods with relation 
to Pennsylvania, who have wholly i-efused Her 
Majesty's Commands. And tho' we hope they shall not 
be able to abstract [obstruct?] this noble Enterprise the 
success of which we doubt not will be attended with such 
consequences as will sufficiently convince both Your 
LordP" and tho Ministry, that Nothing cou'd have been 
enter prized which cou'd have contributed so much to 
the honour and Advantage of the Crown and Subjects 
of Britain, that this present Expedition, which the 
Quakers have not been wanting to their power to ob- 
struct. This we judge it our Duty with all submission 
to Your Lord*"* consummate wisdom, humbly to advise 
You of. Who an5 with all possible respect. 

My Lords, Your Lord'" 

most devoted humble Servants. 
New York Fran. Nicholson 

. June 28''* 1709. Sam. Vetch. 

30 



466 ADMINISTRATION OF LIEUT. GOV. tNOOLl>ESBT. [1709 



Letter from Mr. Thomas CockerUl to Secretary Popple^ 
referring to the death of Lord Lovelace^ and prepa- 
rations for a Canada Expedition. 

[From N. Y. Col: Docts.. VoL V., p. 81. | 

To W"* Popple Esq' 

Sr 

[Extracts] *****! need not Inform you 
that my Lord dyed here the 6*^ of May, having never 
had a well day in his Government, which I attribute 
wholly to the cold of sickness he caught aboard the 
Man of War upon the Coast. One Son dyed before 
him and the Yoimg Lord a fortnight after.* This bad 
News, I suppose is already come to Tour hands; With 
this comes My Lady who will want the assistance of 
Tour Honorable Board to recommend Her Case to Her 
Majesty: She has been a very great loser in other re- 
spects, besides those already mentioned by this Voyage; 
I dare promise my self you will do her all the good 
Offices in Your power.* * * * * 

We are bigg with Expectation of good Success from 
the Canada Expedition, and shall raise in this Prov- 
ince £10,000, towards the charge of it. ***** 
* * * * In Jersey the Quakers in the Assembly 
Voted against the Bill for raising £3,000 &" for the 



* John, fourth Lord Lovelace, was grandson of Francis Lovelace, Qovemor of 
New York from 1668 to 1673. He was advanced to the governorship of New York 
and New Jersey from the post of Comet in the first troop of Her Majesty's Horse 
Guards, His sudden death interferred with the realization of many schemes for 
the improvement of the province. Lady Lovelace, sorely afflicted by the death of 
her two sons and her husband, left for England early in July, and it was not for 
some years that she received compensation for the services and advances of her 
husband. The third son, Nevil, inherited the title of his father— his old^it having 
been one of those who died.- -En. 

« Under date of September 3d, 1709, Lady Lovelace wrote to the Lords of Trade 
herself, complaining of the treatment received from Lieut. Gk>v. Ingoldesby, in con- 
sequence of her refusal to deliver to him some papers committed to her care by 
liOrdLovelace during his illness, and says: '' I doubt not my Lords, but my de- 
plorable condition will be commisserated by Her Majesty, as well as pitjed by 
Your Lord'ps; The damage our goods receiveil by Sea was very great, the fix- 



1709] ADMINISTRATION OF LIEUT. GOV. ING0LDE8BY. 46*? 

Canada Expedition, and upon the third Reading, two 
of the Assembly that were not Quakers joyned with 
them, thro' somebody's Instigation, to render that As- 
sembly odious, whereby the Bill was lost; But the 
Assembly being prorogued at the Desire of the Speaker 
met again and have since past it. The two men Voted 
all along for the Bill, untill the third Reading; I am 
told the Quakers would have absented from the House 
if they had known of these two Mens designs, but I 
will not altogether credit this Report. It may become 
the Queen's consideration, whether quakers shall be 
allowed to be chosen Assembly Men in that Province 
for the future. 

* -5f -K- * * ■;:• * 

Your most faithful humble Serv^ 
New York July 2** 1709. Thom. Cockerill' 



T Jitter from Lieutenajit 'Governor Ingoldesby to the 
Lords of Trade, relating to Proceedings of the 
Assembly. 

(Prom New York Col. Doctft., Vol. V., p. 82. J 

To the R^ Hon"* the Lords Commiss" for Trade 

& Plantations. 

[Extract. ] 

My Lords 

I embrace this opportunity which is the first I have 
had to inform Your Lord*'' that my Lord Lovelace dyed 



p«nH« In repairing the House at New York, the Expense of my Dear Lord^s Qiness* 
from the time of our arriral *till his Death, also of two children, and their Funerals, 
and the Expennes of our TQjrages amount to about £8,000 more than my Lord re- 
ceived there which was not above £400/* N. Y. Col. Doots., Vol. V., p. 80.— Ed. 

> Thomas CocKDULLhad come to America as Private Secretary to Lord Lovelace. 
He remained in New York, and Is subsequently mentioned as Pajrmaster of the 
forces, but died in 1711.— Ed. 



468 ADMINISTlRATIOK OP LIEUT. GOV. IKG0LDE8BY. [1'5'09 

the 0'^ of May last, whereby the Government of this 
and Her Majesty's neighbouring Province of New Jer- 
sey devolved upon me, whom her Majesty has been 
pleased to appoint Lieut* Govemour thereof. 



* 



ji. 



I cannot omit acquauiting Your Lord^" that tho' 
by my Lord Lovelace's directions, the Act of Par- 
liament for the ascertaining the rates of Foreign 
Coins in Her Majesty's Plantations in America, was 
published in this Province, and in New Jei-sey yett the 
people of either Province pay no obedience thereto; 
Nay the Assemblies take upon them thus far to make 
the Act of no signification, that they will pass no bill 
for mony, but to be paid at the Value it was, before 
the said Act took place. Indeed M' Cockrill who pays 
the forces here, has paid them according to that Act 
ever since the first of May, and the publick oflScers 
conform to it, but nobody else do's that I hear of. 



it * ^ 



In my last to your Loi-d^' from Perth Amboy, 1 
sent Your Lord*** on account of what then occurred 
both in the Council and the Assembly to that time; 
I have only to add that our Assembly mett accoixiing 
to the Appointment; and have, as Your Lord^* will see 
by the Minutes of Council herewith sent you, passed an 
Act for Raising £3000 for the present service and Ex- 
pedition against Canada, another for the Iiiforcing the 
Cm-iency of Bills of Credits for £3(H)0, and another 
for the Incouragement of Volunteers. I have only to 
observe to Your Loixl^* that they passed the House of 
Representatives with gi^eat difticulty, all the Quakers 
in the house voting against the Bills; which is a fur- 
ther Confirmation of the Representation sent to Her 
Majesty from my self and tht^ Gentlemen of the Coun- 
cil, in which Col. Nicholson and CoV Vetch have 
joyned with us. 

1 hope Your Lord'" will excuse me for not sending 



1709] ADICIXISTRATION OF LIEUT. GOV. IKG0LDE8BT. 469 

the Acts passed in New Jersey. The Secretary not 
having as yet sent *em me. I shall transmit them 
to Your Lord^* y* very next opportunity. 
I am with all due respect My Loixls, 
Your Lord^' most obedient hmnble Servant 
New York Rich. Inooldbsby. 

5'^ July 1T09. 



Re}yresentattau of the Jjonls of Trade to the Queen, 
referring to Richard Inyoldesby^s Ca^^ mission as 
Lienteuant Governor of Neiv York, 

[From N. Y. Col. DoctA., Vol. V., p. 89.) 

To TiiK Queen's Most ExceiJ^ Majesty 
May it please your Majesty . 

We have received lettei-s from Col Ingoldesby Your 
Majesty's Lieut^ govr of New Jersey iuforming us that 
ui,)on the death of the Lord I^)velace Your Ma'-* latt* 
Gov' of Xc?vv York ho had taken upon him the govern- 
ment of that Pro\nnce, stihug liimself Your Majesty's 
Lieut* Govf thei*i*of, and as we l)elieved he had not 
title to that Gov* we lookf»d back into our Books, and 
find that he had a Commission from Your Majesty to 
■b(» Lieu* Gov' of New York. But wlien a Repi-esenUi- 
tion of Your Maj(*sty's Gommiss'" of Trade iVr PUmta- 
tions Dated tlie >>'^ of Apiil ITo*;, setting forth the In- 
con vc»niencies of the Siiid Ingoldesby 's lading Lieut' 
GovT of New York. Your Majesty was pleased, by 
Tour order in Council of tlu^ 1 P*' of the said month, to 
dii-ect S' Charles Hedges then Sec' of State to prepare 
a Wari*^ for Youi* Majesty's Royal Signatui-e Revoking 
the said Ingoldesby 's Connnission for that Province: 
and tht* said (\)mmissionei*s having been Desired by S- 
Charh^s Hedges to prepare the Draught of such a 
Wan'ant. the s^ime wiis pi'ei)aivd by them, and sent to 



470 A'DMIXISTRATIOK OF LIEUT. GOV. IXOOLDE8BY. [1709 

him the 24^^ of the said April But it not appearing by 
the Books in the oflBce of Your Majesty's Sec'ry of State 
whether the said Warrant was signed by Your Majesty 
and sent or no We thought it Oiu- Duty to lay this 
matter before Your Majesty, and to forbear transact- 
ing with him, imder the character of Lieut* Grov' of 
New York, till we shall receive yoiu- Majesty's pleasure 
thereupon.' 

Which is most humbly submitted 
Whitehall Dartmouth 

Septembr the 2' 1709 J. Smtth 

Ph. Meadows 
Jn? Pulteney 



Representation from the Lieutenant Governor and 
Councill of Netv Jersey to the Queen^ relaiing to 
the proceedings of the Qicakers in that Province, 

Representation To the Queen's Most Exc.' Maj^-^ 
from the Liu^ Grovf & Council of New Jersey. 
[Rec'ed: 2 Novem*' 1709 attested by Coll: 
Nicholson & Coll. Vetch.] 

To the Queens most Excellent Majesty. 

May it please Yo'- Majesty, 

The deplorable Condition of this Yo' Majesty's Pix)v- 
iuce, being a Subject worthy Yo^ Maj".*"** Coiisiderac'on 
makes us presume to lay at Yo"^ Maj*'*^ Royall feet this 
present Representation: and we ai*e the rather en- 
couraged in it, at this tyme, from our appi*ehention of 



> HiH Cominitision as Lieut. Gov'r of New York wait revoked under date of Septem- 
ber 17th, 1709, and that for New Jersey under Date of October 'JOth, 1700. —EId. 



1709] ADMIXISTRATION OF LIEUT. GOV. INGOLDESBY. 471 

gaining Credit with Your Majestie. When you shall 
find the truth Coroboiuted by the Testimony of the 
Hono^** Coll: Francis Nicholson and Coll: Samuel 
Vetch, who during their stay in this Collony have been 
Witnesses to our Divisions, Nakedness and Dis- 
obedience to Your Maj*^?* Com'ands, from the Prev- 
alence of a Sort of People amongst us, who though 
not above one Sixth part of the Inhabitants of the 
Province; Yet by a Peculiar Address and a ReUgious 
Cunning, Influence too many well meaning Men, with 
most Ridiculous & Injurious Principles. Such as are 
Contrary to civill Government, Prejudicial! to Your 
Majestys Honour, and Dignity, and the safety and 
wellfare of the Countrey: Your Majesty will easily 
perceive wee mean the Quakei's, whose Mischeivous 
practices in this Collony, have been by us formerly rep- 
resented to Yo*^ Majesty in Severall Particulars; but 
waveing them at present shall Instance only in one 
Single action of theirs, which has been, and wee are 
affraid will still be attended with many Unhappy Con- 
sequences. 

The Hon^'* Coll: Nicholson and CoU: Vetch, having 
in Obedience to yo- Majesty's Com'ands, laid before 
our Present Assembly, the Necessity and advantage of 
raising men, and, mony, to cariy on the Glorious Ex- 
pedition against Canada expected (as we did our selves, 
and the whole Country) their ready Complyance, in an 
affair of that Nature, & So highly redounding to Yo' 
Majesty's Glory, and the Peace, Wellfare, and pros- 
perity of this, and our Neighbour Governments. 

The Assembly having under their Consideration, the 
proper measures to be taken for CaiTying on the above 
mentioned Expedic'on could not come to any good 
conclusion, by reason of the Opposition of the Quakers, 
who are at present' Numerous in that House and have 

1 11 Among the 94 Members. 



a 

a 



47"-^ ADMINISTRATION OF LIEUT. GOV. INOOLDE6BY. [1709 

declaivd their Principles, and what your Majesty and 
the whole Country may for the future exjiect from 
them, by an entry, these Piiople desired might be made, 
and which was done accordingly, in the Minutes of the 
Journall of the House of Representatives, which we 
shall lay before Yof Majesty in the words it now stands 
entered there, viz^ 

*^ M' Gaixiener, on behalf of himself and the rest of 
'' the Membera of this House, that were of the People 
" called Quakers, desired the following entry might be 
' * made vizS 

''The members of this House, being of the People 
** called Quakers, have always been, and still are for 

Raising mony, for Support of Her Maj"J?' Gover- 

ment: but to raise mony for Raising of Soldiers, is 

against their Religious Principles and for Conscience, 

cannot agree thereto. 

From hence Your Majesty will perceive how fitt 
Such men are to be admitted into Yo^ Majesties Coun- 
cill, the Assembly or any place of trust in the Qover- 
ment. And with humble Submission wee conceive, 
that imless the Quakers ai'e restrained from the Man- 
agem' of Publick affairs, (as they are in Great Brittain) 
and obUged to Act conformable to the many good Laws 
made for that puqK)se, Your Majesty can never exi)ect 
to see an end of the C^onfasions & Divisions which 
have so long Reigned among us. Nor Yor Majestys 
Groverment Honourably Supported or defended and 
tho' we lye open to the Insults of our Enemies both by 
Sea and Land, Yet wee are so crampt with Mihtia 
that 'tis Impossible with any vigoiu- to procetMl to a 
Necessary Resistance. 

And that the Nakedness and Weakeness of this un- 
happy Province, may yet further hi* made ai>pai*ent to 
Your Majesty, there is not any^the least provision 
made for the Incident Charges of the Goverment, not 
one farthing to pay a Messenger, or Express, dispatcht 
upon tlie most Extraordinary Occasions. 



1709] ADMINISTEATIOX OF LfFXT. GOV. IXOOLDESBT. 473 

Neither has the Goveniment Credit Sufficient to Sub- 
sist the Indians, tho but for one day, much less to 
purchase a Match-coat to pi^esent them with, when 
they are sent for to a Treaty for your Majestys honour 
and the good of the Province. 

Richard Ingoldesby. 

WiLiJAi^i PiNHORN. Richard Townley. 

Daniel Coxe. Rcxjer Mompessox. 

Hugh Huddy. Wiluam Sandford. 

Peter Soxmans. Robert QuAry. 

Both from our former knowledge of those Provinces 
and what hath appeai*ed to us upon this Junctui'e of 
affairs, wee ai-e highly Sencible of the Truth of the 
foregoing Memorial!, and most Humbly recom'end it 
to Her Majesty's Royall Consideration, 

Francis Nicholson. 
Samuel Vetch. 

A True Copy taken out of the Minutes of the Coun- 
cill, as Witness my hand. 

J. Basse Seer' 



Represenialion of the TawiIs of Trade to the Queen^ 
relative to an Act passed in 1704, for Regulating 
Negro, Indian and Mulatto Shn'es &c in New 
Jersey. 

iFroni P. R. <» B. T N>w Jersey. Vol. 18, p. »l] 

To the Queens most ExcelP Maj^ 

May if Please Vonr Majesty . 

We have consideixnl An Act past in the General 
Assembly of Your Majesties Pmvince of New Jersey 
in Dt^oember 1704. Entituleil, .1/^ Ac( for liegulating 
Negro, Indian & Midato Slaves within this Proinnce 
of New Jersey, in which, tho' there an^ Seveml good & 






N 



4T*-i ADMIXISTRATIOX OF LIEUT. GOV. INOOLDE6BY. [1709 

declarc^d their Principles, and what your Majesty and 
the whole Countiy may for the future t^x[)ect from 
them, by an eiitiy, these Pin^ple desired might be made, 
and which was done accordingly, in the Minutes of the 
Journall of the House of Representatives, whicli we 
shall lay befoi\> Yof Majesty in the words it now stands 
entei'ed there, vi7/ 

" M*^ Gaixiener, on behalf of himself and the rest of 
'' the Membera of this House, that were of the People 
" called Quakers, desired the following entry might be 
' * made viz^ 

'*The members of this House, being of the People 
*' called Quakers, have always been, and still are for 
'* Raising mony, for Support of Her Maj^i' Gover- 

ment: but to raise mony for Raising of Soldiers, fe 

against their Religious Principles and for Conscience, 

cannot agree thereto. 

From hence Your Majesty will perceive how fitt 
Such men are to be admitted into Yor Majesties Coun- 
cill, the Assembly or any place of trust in the Gover- 
ment. And with humble Submission wee conceive, 
that miless the Quakers are restrained from the Man- 
agem' of Publick affairs, (as they are in Great Brittain) 
and obliged to Act conformable to the many good Laws 
made for that purpose. Your Majesty ctm never exi)€H^t 
to set* an end of thv C^onfusions <fe Divisions which 
have so long Reigned among us. Nor Yo^ Majestys 
Groverment Honourably Supported or defend(»d and 
tho' we lye open to the Insults of our Enemies both by 
Sea and Land, Yet wee are so cranipt with Militia 
that 'tis Impossible with any vigoiu* to procetnl to a 
Necessary Resistance. 

And that the NaktHlness and Weakeness of this un- 
liappy I^rovince, may yet further Ix* made ai)parent to 
Your Majesty, there is not anyTthe li^ast provision 
made for the Incident Charg(?s of the Goverment, not 
one farthing to pay a Messenger, or Express, dispatcht 
upon the most Extraordinary Occasions. 



1709] ADMINISTEATIOX OF LfEUT. GOV. INOOLDESBT. 473 

Neither has the Goveniment Credit Sufficient to Sub- 
sist the Indians, tho but for one day, much less to 
purchase a Match-coat to present them with, when 
they ai*e sent for to a Treaty for your Majestys honour 
and the good of the Province. 

Richard Ingoldesby. 

WiLIJAM PiNHORN. RiCHARD TOWNLEY. 

Daniel Coxe. Roger Mompesson. 

Hugh Huddv. Wiluam Sandford. 

Peter Sonmans. Robert QuAry. 

Both from our former knowledge of those Provinces 
and what hath appeared to us upon this Junctm-e of 
affairs, wee ai'e highly Sencible of the Truth of the 
foregoing Memoriall, and most Humbly recom'end it 
to Her Majesty's Royall Consideration, 

Francis Nicholson. 
Samuel Vetch. 

A True Copy taken out of the Minutes of the Coun- 
cill, as Witness my hand. 

J. Basse Seer' 



Represent af ion of th4> Lords of Trade to the Queen^ 
relative to an Act passed in 1704, for Regulating 
Xegro, Indian and Mulatto Slaves &c in New 
Jersey, 

iFrom P. R. o B. T New Jersey. Vol. 18. p. »».; 

To the Queens most Exc^ll* Maj^ 

.\faf/ if Please Yoftr Majesty. 

We have considei^ed An Act past in the General 
Assembly of Your Majesties Pi-ovince of New Jei-sey 
in December 1704. Entituleil, .1/^ .1(7 for lieynlating 
Xeyro, Indian & Midato Slaves within this ProHnce 
of Sew Jersey, in which, tho' there ai'e Sevt^ml good & 



a 



47*-^ ADMIXISTRATIOX OF LIKUT. OOV. INGOLDE6BY. [1709 

declaivd their Priuciples, and what your Majesty and 
the whole Country may for the future exi)ect from 
them, by an eiitiy, these Pi^ople desired might be made, 
and which was done accordingly, in the Minutes of the 
Journall of the House of Representatives, which wo 
shall lay befoi'e Yof Majesty in the words it now stands 
entered there, viz^ 

" M*^ Gardener, on behalf of liimself and the rest of 
'' the Members of this House, that were of the People 
** called Quakei's, desired the following entry might be 
' ^ made vizS 

''The members of this House, being of the People 
'* called Quakers, have always been, and still are for 
** Raising mony, for Support of Her Maj*!!" Gover- 

ment: but to raise mony for Raising of Soldiers, is 

against their Religious Principles and for Conscience, 

cannot agree thereto. 

From hence Your Majesty will perceive how fitt 
Such men are to be admitted into Yo^ Majesties Coun- 
cill, the Assembly or any place of trust in the Gover- 
ment. And with humble Submission wee conceive, 
that imless the Quakers are restrained from the Man- 
agem' of Publick affairs, (as they are in Great Brittain ) 
and obUgiHl to Act conformable to the many good Laws 
made for that puqK)se, Your Majesty can never exi>ect 
to set* an end of the Confusions A: Divisions which 
have so long Reigned among us. Nor Yo' Majestys 
Goverment Honourably Supported or defended and 
tho' we lye open to the Insults of our Enemies both by 
Sea and Land, Yet wee are so cranipt with Militia 
that 'tis Impossible with any vigoiu- to pr(x*eiHl to a 
Necessaiy Resistance. 

And that the Nakenlness and Weakeness of this un- 
happy I^rovince, may yet further b<' made ai)pai'ent to 
Your Majesty, there is not anyTtlu* li»ast provisicm 
niiide for the Incident Charges of tho Govorment, not 
one farthing to pay a Messenger, or Express, dispatcht 
upon the most Extraordinarj^ Occasions. 




1709] ADMINISTRATIOX OF LfEUT. GOV. IXOOLDESBT. 473 

Neither has the Government Credit Sufficient to Sub- 
sist the Indians, tho but for one day, much less to 
purchase a Match-coat to pi'esent them with, when 
they ai-e sent for to a Treaty for your Majestys honour 
and the good of the Pix)vince. 

Richard Ingoldesby. 

W1LI.IAM PiNHORN. Richard Townley. 

Daniel Coxe. R(x;er Mompesson. 

Hugh Huddy. William Sandford. 

Peter Sonmans. Robert QuAry. 

Both from our former knowledge of those Provinces 
and what hath appeai*ed to us upon this Junctm^e of 
affairs, wee ai-e highly Sencible of the Truth of the 
foregoing MemorialL and most Humbly recom'end it 
to Her Majesty's Royall Consideration, 

Francis Nicholson. 
Samuel Vetch. 

A True Copy taken out of the Minutes of the Coun- 
cill, as Witness my hand. 

J. Basse Seer' 



Representation of th4>. Lords of Trade to the Queen^ 
relative to an Act passed in 1704, for Regulating 
Xegro, Indian and Mulatto Starves &c in New 
Jersey. 

iFrom F. R. <» B. T New Jersey. Vol. 18, p. a».j 

To the Queens most Exc^lP Maj^ 

.\fay ft Please Yonr Majesty, 

We have considei'ed An Act past in the General 
Assembly of Your Majesties Pi-ovince of New Jersey 
in Dt*cember 1704. EntitukKl, An Act for Regnlating 
Xeyro, Indian & Midato Stares nithin this Proinnce 
of Sew Jersey, in which, tho' there aix^ Sevoml good & 






47*^ ADMIXISTRATIOX OF LIEUT. GOV. INGOLDE8BT. [1709 

declared their Piinciples, and what your Majesty and 
the whole Country may for the future expect from 
them, by an eutiy , these People desu^ might be made, 
and wliich was done accordingly, in the Minutes of the 
Journall of the House of Representatives, which we 
shall lay before Yor Majesty in the words it now stands 
entered there, viz^ 

" M*^ Gardener, on behalf of himself and the rest of 
'' the Members of this House, that were of the People 
** called Quakers, desired the following entry might be 
' ^ made viz^ 

'*The members of this House, being of the People 
'* called Quakers, have always been, and still are for 
** Raising mony, for Support of Her Maj"i* Gover- 

ment : but to raise mony for Raising of Soldiers, is 

against their Rehgious Principles and for Conscience, 

cannot agree thereto. 

Prom hence Your Majesty will perceive how fitt 
Such men are to be admitted into Yor Majesties Coim- 
cill, the Assembly or any place of trust in the Gover- 
ment. And with humble Submission wee conceive, 
that unless the Quakers are restrained from the Man- 
agem' of Publick affairs, (as they are in Great Brittain) 
and obhged to Act conformable to the many good Laws 
made for that purpose, Your Majesty can never expect 
to see an end of the C^onfusions & Divisions which 
have so long Reigned among us. Nor Yo- Majestys 
Goverment Honourably Supported or defended and 
tho' we lye open to the Insults of our Enemies both by 
Sea and Land, Yet wee are so cranipt with Militia 
that 'tis Impossible with any vigour to proceed to a 
Necessary Resistance. 

And that the Nakedness and Weakeness of this un- 
happy Provin(!e, may yet fuilher be made aj^parent to 
Your Majesty, there is not anyTthc least provision 
made for the Incident Charges of th(^ Goverment, not 
one farthing to pay a Messenger, or Express, dispatcht 
upon the most Extraordinary Occasions. 



1709] ADMINISTEATIOX OF lIEUT. GOV. IXOOLDESBT. 473 

Neither has the Government Credit Sufficient to Sub- 
sist the Indians, tho but for one day, much less to 
purchase a Match-coat to present them with, when 
they ai'e sent for to a Treaty for your Majestys honour 
and the good of the Province. 

Richard Ixgoldesby. 

WiLIJAM PlNHORX. RiCHARD TOWNLEY. 

Daniel Coxe. Rcx^jer Mompessox. 

Hugh Huddy. William Sandford. 

Peter Soxj^l^ns. Robert QuAry. 

Both from our former knowledge of those Provinces 
and what hath appeai-ed to us upon this Jimctui-e of 
affairs, wee are highly Sencible of the Truth of the 
foregoing Memoriall, and most Humbly recom'end it 
to Her Majesty's Royall Consideration, 

Francis Nicholson. 
Samuel Vetch. 

A True Copy taken out of the Minutes of the Coun- 
cill, as Witness my hand. 

J. Basse Seer'' 



Representation of the Lords of Trade to the Qtieen^ 
relative to an Act passed in 1704, for Regulating 
Xegro, Indian and Midatto Slaves &c in New 
Jersey. 

[Vtoxw V. R. (►. B. T. New Jersey, Vol. 18. p. 3I>.1 

To the Queens most Excell^ Maj'f 

May it Please Yovr Majesty. 

WTe have consideivd An Act past in the General 
Assembly of Your Majesties Pi-ovince of New Jersey 
in December 1704. Kntitulod, An Act for Reynlatiug 
Xegro, Indian & Midato Stares within this Promnce 
of Neu* Jersey, in which, tho' there are Sevt*i*al good & 



4?4 ADMINISTRATIOX OF LIEL'T. GOV. 1NG0LDB8BY. [ITO^* 

Useful Clauses, thei-e is one that inflicts inhumane 

penalties on Negroes &c not fit to be Confirmed by 

Yoiu- Majesty, & therefore we humbly offer that the 

said Act be repealed. ' 

Which is most Humbly Submitted 

Dartmouth 
Whitehall ) Ph: Meadows 

OctV l^'}" 1709 < J PULTENEY 



BevoccUion of the Commission of Richard Ingoldeshy 
as Lienfoianf Oovenwr of Nev Jersey. 

[From P. R. O. B. T. New Jersey. Vol. 1, 0. 79.] 

Her Majesties Letter revoking Col Ingoldesby's 
Commission of L^ Grovernor of New Jersey. 

ANNE R 

Trusty and Well beloved We greet you well: Where- 
as by Our Commission bearing date at St. James's the 
Six and Twentieth day of November in the first Year 
of Our Reign, We w ere pleased to Constitute and ap- 
point You Our Lieuten* GoveiTiour of Nova Cae.sai-ea 
or New Jersey and the Territorys depending thereon 
in America, to have, hold exercise and enjoy the siiid 
Office or Place of Our Lieutenant Governour there for 
;md during Our Pleasure And Whereas for Certain 
Causes and Considerations Us thereunto moving. We 
have thought fit to determine, aimul, and i-evoke, as 
We do by these Presents determine annul and revoke 
Our C-ommi^sion gi*ant(»d unto you in that behalf as 



UK-tolHT *^t, irj;). l>y an or.ler of Council, tho Act referred to in this commimlca- 
tioa wad repealed.— Ed. 



K09] AD:3iIXISTRATIOX OF LIEIT. <iOV. iXGOLDESBY. 475 

aforesaid and all and singular the Matters, Clauses 
Powers and Authority s therein contained Onr Will 
and Pleasure is, that upon the receipt hereof, You do 
immediately, as you will answer the contraiy at your 
peril, Quit the said OflSce or Place of our Lieu' Gover- 
nour of Our said Province of Nova Caesarea or New 
Jersey. And that you do henceforth forbear to put in 
execution any of the Clauses, Powers and Authoiitys 
therein Contained, Which we hereby declare to be 
null and void from the time of Your Receipt of these 
Presents. And so we bid you farewell. Given at our 
Castle of Windsor the nine and Twentienth day of 
October 1709, in the Eighth Year of Our Reign.' 

By Her Majesty's Command 
Superscribed Sunderland 

To Our Trusty & Welbeloved 
Richard Inqoldesby Esq' 



Memorial front William Docktvra to the Lords of 
Tradej with Several papers relating to the Pub- 
lick Affairs of New Jersetf. 

LFrom P. R. O. B. T., New Jeraej, Vol. 1, C. «.J 

To the Right Hon*^?* the Lords & Others Her 
Males'*^ Commissioners for Trade and 
forriegne Plantations. 

The Hiunble Memoriall of W? Dockwi-a. 

Sheweth 

That Whereas thei-e is ti*ansmitted from Nova C<vs- 
aria or New-Jersey severall Addresses, Representa- 
tions, Petitions and Sundry other (both printed & 
written) pai>ei's by the Members of the Councill, and 
other Majestrates of the said Province, and directed to 
me thes'* W™ Dockwra desiring me to attend yo^ Hon- 



' Copy transmitted to the PrMklent of the Council of New Jeney by Secretary 
Popple, under date oCNoTember 10th, 170O.— Ed 



476 ADMIXISTRATIOK OP LIEUT. GOV. IXOOLDESBT. [1709 

ours and present them to this Hon^** boord for j(fi 
Lo*^ true information of the State & Condition of the 
publick affairs of the si Province. ' 

In order to Which, I have dehvei'ed them to M"^ Pop- 
ple y' Lord?* Secretary, Humbly requesting that yo' 
Honours will be pleased to call for them to be read & 
considered with such Expedition as in Yo^ Lor*^ wis- 
dom shall be thought necessaiy, before the Settlement 
of Members of Councill & Instructions to his Excel- 
lency Coll. Hunter for the Goverra^ of the said Prov- 
ince. Which is humbly Submitted to Yo' Lo^P', by 

Yor Lord**? Most humble 
31 ^^^ Octob and most obedient Serv^ 

1709. 



(^^^i^ ovdnmc^ 



Documents referring to the irregular Proceedings of 
Lewis Morris^ George Willocks and others, trans- 
mitted to the Lords of Trade with foregoing 
letter. 

[From P. R. O. B. T. New Jersey. Vol. 1, C. Oi>. 

Proofs to maintain the Address of the Lieut^n' 
Govern: & Councill of New-Jersey, To the 
Queen. — ^w^hich Address was sent to Eng- 
land, and coppy thereof delivered to the Lord 
Lovelace from the Right Hon^l^ The L^ Sun- 
derland as by his Letter d^ 29 July 1708 ^ 

Province of EaM Jersey: 
No. 1 
William Bini^la a^c^nl 25 vt»ais or thereabouts makoth 



' Tlie Documents mibmitt^xl ai-e printe<l on fore^rolii;: pa*res, except those that 
follow this.— Ed. 
' See po^je 287 of this Volume 



17091 ADMINISTRATION OF LIEUT. GOV. IN00LDE8BY. 477 

Oath that he was in Court when the Govern' ordred 
Lewis Morris to be arrested for the publick affront he 
the sd Lewis Morris gave to the Govern': & saw the sd 
Lewis Morris withstand the Constable, laying his hand 
upon his Hanger, saying I wish I could see the man 
that dare meddle with me &c*. 
Jurat 12^»» May 1698. 
Coram me J: Basse 

No 2 

John Edsall of the County of Bergen in the Prov- 
ince of East New Jersey deposeth that he was at a 
Town meeting held at Bergen aforesd some time in 
ApriU last, Mr Morris & M' Wil locks being present at 
the meeting aforesd & produced a letter that they 
said came from Newark, which the sd Monis read 
to this pm*i)Ose viz That the Inhabitants of the Town 
of Newark was resolved not to pay the late Tax levyed 
by the Assemby for the defence of the Port of Am- 
boy, & the sd Morris and Willocks desu-ed the Inhab- 
itants of Bergen to give them their answer whether 
or no they would stand in opposition with them 
against the Act for levying the tax aforesd f & telling 
the Constable & Sheriff that if they did not distraine 
they would come to no damage, for there was no fine 
layd upon them by the Act, & fuither the Deponent 
saith not, 

John Edsall 
Jurant coram nobis 

10^** May 1099 

Andrew Bowxe 
John Royse 

No 3 

Grimston Boude Merchant aged 38 years or there- 
abouts being sworn upon the Holy Evangelists of 



478 ADMINISTRATION OF LIEUT. GOV. INOOLDESBY. [1709 

Almighty Grod deposeth that he was at a Town meeting 
held at Perth- Amboy the 25*? of Aprill Anno Dom. 
1699 or thereabouts, & he the deponent was warned 
by the Constable to meet the Inhabitants of the sd 
Town, the Deponent according to wamement mett, & 
there see Lewis Morris, Greorge Willocks, Thomas 
Gordon with severall others in the sd meeting, & 
the deponent further saith that the sd Lewis 
Morris, George Willocks & Thomas Gordon did 
use their utmost endeavours to persuade the 
inhabitants of Amboy af oresd not to Condesend to the 
payment of the rate-monie tax pursuant to an Act of 
Assembly saying that if it was putt to those G«ntle- 
mans hands which the Assembly af oresd had consti- 
tuted for the manidgement thereof it would be the ruin 
of the Province, with many such arguments to stir 
up the Inhabitants aforesd not to pay the money 
levied by the Assemblie aforesd, & produced severall 
coppys of protests as they told me from severall 
Townes in this Province, which protests they read to 
this effect. That the Inhabitants of each Towne pro- 
tested against the late Act of Assembly aforesd & 
were resolved to oppose the Assessors thereof, & that 
they the sd Lewis Morris George Willocks and 
Thomas Gordon did use their utmost endeavoui-s bv 
these Arguments to persuade the Inhabitants not to 
pay the tax aforesd & also to oppose the Leavynge of 
it, and that the said Lewis Morris produced a letter 
which he read to this effect, that by th6 Cowardize 
& Sloth of the Governour, the Ship Hester was taken 
from us & carried to New York, & that the sd Lewis 
Morris, George Willocks and Thomas Gordon were 
the first promotei-s of sending an order to Benjamin 
Griffith not to meet the rest of the Assessors at the 
time appointed & they pei^waded the people to chuse 
five or six people for a Committee to present Lewis 
Morris for a Deputie of this place to the Assemblie 



1709] ADMINISTRATION OF LIEUT. GOV. INOOLDESBY. 479 

when they mett again, & that the sd Lewis Morris 
sd that the Govern' used arbitrary power in taking 
away a warrant from the Constable, & that the sd 
Lewis Morris urged it hard to putt it to the vote 
whether they should not do as the rest of their Neigh- 
bours had done, some in the meeting reply'd what is 
that, & the said Lewis Morris, George Willocks & 
Thomas Gordon answered not to Assess the money 
pursuant to the late Act of Assemblie, & further saith 
not. 

Jurat coram nobis Gmmstone Boude 

10 May 1699 

Andrew Bovtne 

John Royse 

No 4 

At the Court of Common Right held at Perth Am- 
boy for the Province of East Jersey. 

May ll'** 1698 
Present Coll: Jeremiah Basse Govern': 

Cap- Andrew Bowne 

W Samuel Dennes 

Capt. John Bishop 

M' Richard Hartshorne 

Mr Thomas Warne 

M^ Samuel Hale 
Lewis Morris Esq' came into open Court & demanded 
by what authority they Kept Court, the Court de- 
clared by the Kings Authority. He denyed & being 
asked who was dissatisfied besides himself, he said, 
one & all, the Court Commanding the sd Moiris to be 
taken into Custodie, Coll: Richard Townley Andrew 
Hampton lK)th of Elizabeth Towne with three or four 
more cryed out one & all, & he the sd Lewis Mori'is 
said he would fain see who darst lay hold on him, & 
when a Constable by order of the Court layd hold on 
him he in the face of the (^ourt i-esisted. 



480 ADMINISTEATION OP LIEUT. GOV. INOOLDESBY. [1709 

The Court orders 
That Lewis Morris Esq' for his denying the Author- 
ity of this 001111; & other his contempts shall be fined 
fifty pounds, and committed to prison till paid. 
A True copie Edward Slater 

Cler: Cur: 

No 5 

At a Coiut of Common Right held at Perth Amboy 
for the Province of New Jersey October IV^ 1699 
Present 

Jeremiah Basse Esq' Gtovern'. 

Mr Richard Hartshorne M- Samuell Dennis 

Cap^ John Bishop Mr John Royse 

M' Thomas Warne. 

Cap^. Isaac Whitehead was brought before the Court 
<& examined about the breaking the Prison at Wood 
bridge being the County Goal for the County of Mid- 
dlesex & letting out the prisoners out of the sd Jail, 
and also for disturbing of the Justices for the County 
of Essex at the Town of Newai-k in said County when 
they were about Keeping the Court of Sessions or 
County Court being the second Tuesday of the month 
September last. 

The Court ordere that Isaac Whitehead shall give 
one hundred pounds security for his appearance at the 
Com't of Common Right the second Tuesday in May 
next to answer our Sovereigne Lord the King concern- 
ing a Riott committed at Woodbridge by bi-eaking 
open the prison belonging to the County of Middlesex 
& letting out two prisoners & also for another Ryott 
committed by the sd Isaac Wliitehead & othei-s by dis- 
turbing of the County Court held at Newark for the 
County of Essex the Second Tuesday in September 
last, & in the mean time to be of good behavior to- 
wards our Sovereigne Lord the King & all his Liege 



1709] ADMINISTRATION OF LIEUT. GOV. ING0LDE8BY. 481 

people & if he refuses so to do then to be committed 
to the Common jail till he give in security as aforesd 
P Cur: 

Edward Slater Clerk 
To the Sheriff of the County of Middlesex. 

No 6 At Perth Amboy 12 May 1G99 

Upon our Oathes for our Sovereign Lord the King 
we Juroi*s do present Lewis Morris George Willocks & 
Thomas Gordon for a breach of the Laws of this Prov- 
ince, according to that Act intituled for the better 
maintaining & upholding the Authority of this 
Province 

By order of the Gi-and Inquest 
Ephraim Andrews foreman 

No 7 

To the Sheriff of the County of Middlesex his un- 
der Sheriff or Deputy or either of them. 

Wliereas we are informed that Lewis Monis of Tin- 
ton in the County of Momnouth & Province aforesd 
Gent: did in Aprill last at Perth Amboy in the sd 
Province seditiously assemble with others & endeavoiu- 
to subvert the Laws of this Province & did by mali- 
cious & reproachf ull woi-ds Asperge the Govern' : of the 
sd Province contraiy to the Peace of our Sovereign 
Lord the King & the Laws in such cases made & pro- 
vided. These are therefore to will & require, & in his 
Majesties name Stricktly to charge & command you to 
take into your Custody the sd Lewis Monis & him to 
convey to the Jail of your County & there safely to 
Keep untill he shall give sufficout security in the Sum 
of three hundred i)ounds for liis api)earance at the 
Court of Common right to l)eheld at Perth Amboy the 
Second Tuesday in October next, then & there to An- 
swer the premises & in the mean time to be of the 
good behavior towards his Majesty & all his Liege 
31 



482 ADHINI8TBATI0N OF LIEUT. GOV. IKG0LDE8BY. [1709 

people. Hereof fail not at your perill, & for so doing 
this shall be your warrant. Given under our hands 
& seales the eleventh day of May in the Eleventh year 
of the Reign of our Sovereign Lord WilUam the third 
over England &c. King Anno Dom: 1699 at Perth 
Amboy in the Province af oresd 
The above is a true Coppy of Andrew Bowne 
the warrant of Committ- John Royse 
ment. E. Slater Rich? Hartshorn 

Tho: Warne 
Samuel Dennes 

Province East Jersey 

Matt: Moore aged 31 years or there abouts maketh 
Oath, that he was in Court & see Lewis Morris affront 
the Govern': & upon which the Gk)vem'; ordred him 
to withdraw but would not & still gave the Gov- 
ernour very Saucy Language upon which he ordred 
the Constables to arrest the sd Lewis Morris, but he 
the sd Lewis Morris withstood the sd Constables & 
would not suffer them to come nigh him, upon which 
the sd Constables commanded me to lay hands upon 
him which I went to take hold on him, he made some 
resistance, & did endeavour to di'aw his Hanger, but 
I being quick prevented him. 
Juratt, the 12V' May 98 
Coram me 
J Basse. 

No. 12 
At a Councill held the 16'^ of May &c. present. 

The Deputy Governour 
John Roysse 
Tho: Warne 
Capt. John Bishop 

There was dehvered by M" Willocks a letter which 
was read here directed to Cap^ Andrew Bowne, Mr 



1709] ADHINI8TRATI0N OF LIEUT. GOV. INGOLDESBT. 483 

John Eoyse, Mr Tho: Waxne and company &c. in 

these words, 

S? 

We are now able (God be thanked) to treat with 
you any way you think fitt if you had valued either 
your own or the wellfare of the Government yoxu* 
procedures had been more calm Your day is not 
yet out, & it is in yom* power to follow the things 
that make for peace, & if you do not, at your door 
lye the consequence, our friends will not suflfer us to 
be putt upon, farewell. 

Geo Willocks Lewts Morris 

May 16^^ at one afternoon 1699. 

Ordered that one of the members of this board be 
sent to desire a conference with the house of Repre- 
sentatives thereupon. 

Accordingly Thomas Wame <& the Clerk of this 
board were sent, & the whole house of Representa- 
tives came befoi-e this board the deputy Govern^ repre- 
sented to them that he had received a letter from 
George Willocks & Lewis Morris which was read & 
the house of Representatives desired time to peruse & 
consider of the same which was sent them by John 
Royse. 

The sd Letter was returned to this board by John 
Pike & Benjamin Burden members of the house of 
Representatives. 

A message from the house of Representatives by 
Peter Van Este & Elias Machielson — desiring that this 
board would api>oint some of their members to meet a 
Committee of seaven of their House to come to some 
resolution upon the sd letter, accordingly Thomas 
Wame was sent by this board to acquaint the House 
of representatives that they were ready to meet the sd 
Committee in the chamber where the Councill was 
held upon wl** Richard Hartshorne, Samuel Dennis 
Samuel Walker, Benjamin Burden John Pike John 



484 ADMINISTRATION OF LIEUT. GOV. IN00LDE8BY. [1709 

Treat <& Jediah Higgins came to meet the members of 
this board, being Thomas Wame, John Royse & John 
Bishop & thereupon the Deputy Govemour with- 
drew. 

The Deputy Govern' returning, the Members of this 
board who had mett the Committee acquainted this 
board that they had agreed that an Act should be pre- 
pared to morrow to suppress any insurrection. 

Ordred that a writt of inquiry be issued out to the 
Sheriff of the County of Monmouth to return a Jury 
upon a Riott committed at Woodbridge. 

At a Councill held the 17!? of May present 

The Deputy Grovem^ 

John Royse 

Cap^ John Bishop 

Tho: Warne 
A message from the House of Representatives to 
acquaint this board that they had adjourned to two of 
the Clock & then this board adjourned to 2 a Clock. 

Post Merd : present as above 
Samuel Dennis, Samuel Walker, Jediah Higgins & 
Benjamin Burden were sent to this board from the 
House of Representatives to acquaint this board that 
they had considered of the letter sent from Lewis 
Morris & George Willocks, but did wholly leave it to 
this board & desired they would take such measures 
as they should judge most conducive to the wellfare & 
safety of this Province. 

At a Councill held the 19V' May present 

The Deputy Govern'. 

Tho: Warne 

Capt. John Bishop 

John Royse 
This board being informd that the Speaker & sev- 
erall of the members of the House of Representatives 
had departed without giving notice thought fitt to ad- 



1709] ADMIXISTRATIOX OF LIEUT. GOV. IXGOLDESBY. 485 

joume till further occasion having heard nothing from 
them since their message of adjomm^ last night The 
Speaker went away early in the morning with seaven 
of the members of the House. Johannes Steenmeets 
having acquainted the Deputy Govern': & Councill 
that he was advised by some persons to go away with 
them & they would give him a bond to secure or save 
him harmless. 
A True Coppy Extracted out of the 

Councill book of the Proprietors 

by me J. Bass Secretary 

We whose names are under written do say, that 
some time in the month of June 1700 was at the house 
Abraham Brown in Shrowsburry in company with 
Lewis Morris Esq' then did hear him say that he had 
been with the Govern': & had taken an office upon 
him & that he would go through with it, & if any man 
resisted him he would spill his blood or he should spill 
his, for he made no Scruple of Conscience, & in f mo- 
ther discoui'se the sd Morris did sav that he had taken 
an oflBce & he would go through \vith it thD the 
Streets run with blood. 

Joseph Clarke 
Nicholas Brown JunT 
Sarah Potter. 

Mf Morris did say that he would quell the opposite 
party, if they did resist the authority, or he would 
imbrew the Province in bloody or to that effect. 
July 5 1700 James Bollen. 

No 19 

Upon a Riott committed at Woodbridge the thir- 
teenth day of May 1699 Mr Samuel Dennes Cap^ John 
Bishop & Mr Samuel Hale the next Justices of the 
Peace of the sd County issued out their waiTant to the 



486 ADMINISTRATION OF LIEUT. GOV. INQOLDESBY. [X709 

Sheriff of the sd County to Summon Twenty f om* good 
men qualified as the Law doth direct &c. to inquire of 
the sd Riott, the Sheriff retum'd as foUoweth. 

Nathanael Fitzrandolph Thomas Pike 

John Blumfield Benjamin Curle 

John Allen Benjamin Mannen 

Samuel Mores John Dennes 

William Algure William Bingle 

John Moores John Compton 

John Worth Joseph Mannen 

Francis Walker John Horner 

Thomas Higgins George Browne 

JoKABAD Smith James Mores 

Robert Hemingway James Grear 

The Jm-ors being Sworn by the sd Justices brought 
in as foUoweth. 

We Jurors upon our oath for our Soveraign Lord the 
King present Joseph Woodrose of Ehzabeth Town, 
Ebenezer Lyon, John Meaker of the same Towne, — 
Jonathan Ogdon, Junr Cap^ Isaac Whitehead, Justice 
Benjamin Price & Samuel Winins of the same towne 
with many other malefactors & disturbers of the 
Peace of our Sovereign Lord the King unknown the 
thirteenth day of May in the Eleventh year of the 
Reign of our Sovereign Lord the King that now is, be- 
tween two & four in the morning of the same day by 
force & Arms with Clubbs Staves & other weapons 
att the Town of Woodbridge in the County of Middle- 
sex did Riotously assemble together & the Common 
Jail of the sd County at Woodbridge aforesd in the 
C/Ounty aforesd did riotously breake, & two prisonei-s 
viz? Lewis Morris & Geo: Willocks, then & then* im 
prisoned in the said jail as it's said for severall high 
crimes & misdemeanours did Lett out, & Sett out att 
Liberty, to the great disturbance of his Majesties Peace 



1709] ADMINISTRATION OP LIEUT. GOV. INOOLDESBY. 487 

to the terror of the people <& contrary to the Statute 
against Routs & Ryotts in that case made & provided. 
Nathaniel FiTZRANDOLPH Sam: Moore 
Tho: Pike John Homer 

Jn? Worth Francis Walker 

Jn? Manning Wiluam Bingle 

Jn? Dennes William Algure 

John Morris John Allen 

John Compton Jokabad Smith 

Benj*^ Corle Tho: Higgins 

Robert Hemingway John Blu^ifield 

Benjamin Mannen. 

A True Copy P Edward Slater then Clerk to the 
Justices. 

Note, All the sd Jurors of inquiry signed as ahove, 
except three Stockmen & that one of Stock-parents 
tho bom of this Country. 

No 24 Tinton July the 13*? 1698 

Gentlemen. 

Upon the Notice I had that you were designed to 
SoUcit his Majesty I was very glad you were resolute 
to alter your present circumstances & I could wish the 
other Towns of this unhappy Province were as truly 
sensible of this condic'on as you are. ' I must confess 
I should not l)e troubled were those who beUeve the 

Proprietors C ts tfe D s & love their Gov- 

ernmt the only i)ersons hurt by it, but since thence are 
others that are involved (by the folly & slugishness of 
the foiTuer) under the same Calamity of being Gov 
erned by base inconsiderable persons who realy liave 
not the right to Govern I think it is hard. 



* It doifs not appear what town was specially addressed by this communication, 
but one will be found printed in Vol. n.. p. 270, from Newark to Perth Ambpy, 
Elizabethtown, Woo^lbrid^e, Freehold, Bergen, Shrewsbury, Middletown, Piscata- 
way and Afiuackanonck— asking for their co-operation against an Act passed in 
the interest of Qov. Basse.— Eo. 



488 ADMINISTRATION OF LIEUT. GOV. INOOLDESBY. [1709 

Nay even among the Mock Lords Proprietors there 
are some that deny the use of Arms a Tenent not the 
safest to be held by those who pretend a right to 
Govemmt, it leaves us Naked & defenceless a prey to 
any bold intruder; Subject to all the i-age of a Cruel 
Enemy & the barbarous insults of the perfidious 
heathen that are ix)und about us. I have said the 
Proprietor have not the right to govern & its from 
these reasons. 

V^ It was only granted to the Duke, & could not be 
granted by him to them, especially it could not be pur- 
chased by them as a property: for if it could be pur- 
chased by 24, they might divide and subdivide, & so 
we shall have 24, or 2400 parts, for they pretend to 
have purchased both, & they claim these parts as their 
property as well as the Govemm^ & they have a like 
right to both, the power of erecting ports being in the 
Lords &C: & the. power of Governmt. in the nation of 
England, who never sold it to the Proprietors I beUeve, 
& if the King (of whom they pretend to have pur- 
chas'd) can sell any part of the Governing he can sell 
the whole, to a Subject or to foreigner (for I Know 
no Law that restrains the one & tolerates the other) & 
so may sell the Kingdom of England to the King of 
France to morrow: & it seems to me a contradiction to 
have the Property of the Governmt. & at the same 
time be a Subject. 

2ly If the Governm\ is aUenable I can't find that it 
ever was ahend to the 2-1: nor so much as a Libertv 
given them to govern (as they do or any other way ) 
the Kings Subjects for the 2-1: naturall bodies of Tho: 
Hart, Peter Sonmans tV:,the rest, never were by the 
King incorporated. & made one body Politicque by any 
name, nor of any place nor none of their grants have 
words sufficient in Law to make them so. Ergo no 
Right to Govern &c. 

After all, gi-anting it Lawfull for the Proprietors to 



1709] ADMINISTRATION OP LIEUT. GOV. 1NQ0LDE8BT. 489 

govern, I humbly conceive it not expedient they should 
for the following reasons. 

Imp": They are both Judge & party w^- cannot be 
safe for the people. 

2 If it was possible to obtain a Judgem.' against them, 
they have no effects nor are there bodys here, & if 
they were, how should the Governor & Prop*:' Keep 
the Grovern' & Prop" in Prison, or the Govern^ & Pro- 
prietors by their warrant Levy distress upon the 
Governour & Proprietors goods. 

3 In case any tax be lay'd the Proprietors Lands pay 
nothing which could be remedied if we were under an- 
other Govemmt. 

4 All that purchasd of the Indians by Govern': 
Nicholls leave, would pay them no Quitrents which 
would keep money in the Country. 

5 While the Proprietors keep the Governm' it keeps 
up the price of their own Land, & lowers that of the 
Inhabitants. 

G Their keeping the Govenim' makes the Quitrents 
of twice the value they otherwise would be. 

7 There is no beheving anything they say or write 
as may be seen in the following instances. 

Imprim They pretend to Ports as a property pur- 
chiis'd by them. 

Conti'adict: Mr Coll: Baase their Govern': in his last 
says t'is appointed by the Lords & C: 

Affirm : In their Concessions they say land possess'd 
7 years shall not be subject to any i^esurvey. 

C^>ntrad: They Survey & resurvey, & they pattent 
L'uid after three times 7 years possession. 

Affirm: They say in their last letter (where M' Wil- 
IcK^ks signs as one of them) that the Act of Parlaim* 
disabled Coll: Hamilton l)ecause a Scotchman. 

Contrtul: Tho: Goirlon Esq' no more an English man 
then Coll: Hamilton is their Secretary, & Mf Willocks 
as I am informd, one of the Councill & their Survevor 
Gen" 



490 ADMINISTRATION OF LIEUT. GOV. IN00LDE8BT. [1709 

What need I instance more, here is say & unsay 
enough, & I know you are very sensible of them, & 
so must every body else that will give them selves lib- 
erty to think, & if it be either safe or honourable fo 
live under such masters then I mistake. They that 
like the Proprietors Govemm'. may say what they 
please of the Kings Govemm^ & of the taxes & bur- 
thens &c. but as the worthy Mr Harrison said its much 
better to be govern'd by the head then the feet. Their 
Quitrents are an unjust tax upon us & our heirs for 
ever, & their Surveyor pinching here a bitt, *& there a 
patch out of the land of honest men which they 
wrought very hard to pay for, is not the most pleasing 
thing that ever was done. 

And as much as they crye out against New-York & 
the great hurt it will be to the people to be under the 
Kings Governm'. yet if M^ Willocks sells the Quitrents 
& the people refuse to maintain some Lousy fellow 
that they will send for a Govern': they will be the first 
that will putt us there, to be under all the hardships 
aforesd: & is what they have very often threatned us 
with, though they dare as well eat fire as do it, till they 
have gott what they can out of us, w*^.^ they expect 
to be £6000 & then they will do it, nott for our pun- 
ishrn^, but their owne convenience, for God Knows 
they care not one straw whether the King or the 
Devill has the Governin' if they have the money in it. 
Wretches! that consider not what will become of this 
poor country (for such it will be with a witness if ever 
the Proprietors gett the half of £6000 out of it) so as 
their voracious appetites be but satisfied. 

I would be glad to hear any one of their Admirers 
instance but one good tiling the Propr*'* have done for 
the Country, show where they have P' formd any of 
the many promises they have made in their Conces- 
sions, & by their Governoi-s, what trust, what fiiith 
is there in them^ what truth in their lettei^s? whei*e is 



1709] ADMINISTRATION OF LIEUT. GOV. IN00LDE8BY. 491 

there Integrity? Justice, honesty and fair dealing with 
the Country? Instance you that can, for I can not. 

Well, after all shall we lye in the Ditch, & cry help 
Lord? there is a fable in Esop, of a Country man that 
had his|cart myr'd & prayed to Jupiter for help, Jupiter 
being easily intreated bid the Swain putt his back to 
the wheels, & Immediately his oxen being putt for- 
ward drew his cart out of the mire. We are in the 
Swains case, deeply in the mire, & a heavy Load upon 
our backs, and we may pray & pray & pray again, we 
are never like to gett out, except we pay as well as pray, 
we must all sett our shoulders to the wheels, or it 
won't do: The Poet is much in the right on't when he 
says. — 

We to our Selves are gods, they Thrive who dare 
And fortune is a foe to Sloathf uU prayer. 

My Zeal for the Cause I fear has made me tire your 
Patience, I shall conclude in telling you I beUeve M^ 
NichoU will be the fittest man to serve you, if he de- 
clines it, (as I hope he will not) if you accept of my 
Service, I will do my endeavour to serve you to effect, 
but what ever you do, get Mr Nicholl & lett not a 
small sum part you: for he is, & so I profess my self 
to be 

Gentlemen 

A Zealous Friend to your true Intrest 
Copia vera and your most humble Servant 

P Sam: WnrrEHEAD L. Morris 

No 2r, 

According to my promise (though I have been much 
hindrefl by Ix^tter business then the troubling my 
thoughts about you) I have prov'd that most of your 
Acts of (jovonim't. have been unlawful!, as to my 
own imploymen- Ar the methods have l)een took with 



Presumed to haTe been Addressed to the Re pr es e ntatives in Aeiembly.— Ed. 



492 ADMINISTRATION OF LIEUT^ GOV. ING0LDE8BY. [1709 

me, I shall at present say little, but I would not have 
you think 't is because I can't alledge any thing against 
your barbarous proceedings. I shall take a time . if I 
live, effectually to convince you, & expose to the world 
your Injustice, & I was a going to say your Ignor- 
ances; but were I assur'd 't were only that (so fair as 
it concerns myself) I should pass by all, for humanum 
est En-are. 

As a proem then to my following discourse, be 
pleased to Know, that all yom- dark designs & Con 
sultations are not only Known to those you have en 
deavoured to hide them from, but in spight of your 
PoUtiques, baffled. Your Idolls Letters & your own 
mett with the fate they deserv'd, being laught at & 
rediculd by those you sent them to, and your selfs 
made the fit objects of a just contempt scome & de- 
rision. I should be very sparing of yom' Govern^; 
(not that I dread his punishmt) & Call his male Ad- 
ministration, the ill effects of your furious & incon- 
siderate Councill (as no doubt for the most part they 
were) had I not an instance w^*l adds Malice to his 
folly & falsehood: & y* is his writing to the Proprie- 
tors y' Coll: Hamilton ruled after an arbitrary power, 
& dispotick manner, & that the Convulsions of the 
Jei'seys were occasioned by him. What could move 
that vain Orator to write that malitious lye, or is it 
an arrow out of your Quiver? could either he or you 
think that your false & Villainous oppression of a 
worthy Gentleman would make the Proprietors con- 
tinue the rains of Governm.' in the hands of such 
a feeble & unexperienced . Charioteer, or do you think 
your fustian letter to the Proprietors to w*!!! M^. Basse 
signs him self would do that great feat^ In it 3'ou 
magnify his courage & conduct & tell them you aix.^ 
well enough justifyed with his ai)i)robation & wish the 
country were so too, Your Reasons for not calling the 
Assembly you have also sent them, & your cnide 
opinion about taking the Ship, with abundance more 



1709] ADMINISTRATION OF LIEUT. GOV. ING0LDE8BY. 493 

• 

of senseless, incoherent, & contradictory stuff: for 
w^- you were honestly laughd at. For God's sake 
Grentlemen answer me a Civill Question. In what ac- 
tion itt is M- Basse has shown so muchconduct & cour- 
age, in sending up the Privateer to N: York (after he 
had refused them by the advice of his Councill) be- 
cause my Ld bid him refuse sending of them if he 
dared? Is it in caressing the E: of Bellomont after 
his L'dp has told him he was a base mean spirited fel- 
low & wondred he had the impudence to come into 
his presence? 

Is it his opening his breast desiring my Ld to run him 
thorow, for he could not live in his displeasure? Is it 
his fawning upon Coll: Fletcher after so pubUck affront 
received from him? isit his Duel with M" Bond, or is it 
his letting the ship Hester be surprized when he might 
have prevented her being so? having notice of the 
souldiers coming a large hour before their amvall? is it 
his refusing to head men or to Commissionate any 
other to do so to retake her? Is it liis fawning upon 
the Souldiei-s, & presenting Capt. Matthews with 
brandy &c. & desiring them not to be angiy, when 
with their continued insults they were ridiculing the 
Govemm^ of the Jerseys. For which of these Acts is 
it that you magnify his courage & conduct, or for what 
is it? on the contrary has he not on all occasions basely 
prostituted the Hon': of Governmt. & made E: Jersey 
contemptible in the eyes of its neighboui's, & with 
what face, I pray you? Could you tell the Frop'rs, you 
were satisfy'd with his approbation, did you ever See 
it, or any thing like it, or do you Know the form of 
one? or do you dream that the Dedemas Potestatem 
(in w*il! he is not named & never was designed for him) 
is an approbation if or the guilt trunck cany'd about 
upon a mans shoulder, or the book of rites with guilt 
letters on the back of it, or what is it that Satisfy'd 
you of his approbation? but I Know you are not Satis- 
fy'd of any such thing but have \viitt a falsehood to 



494 ADMINISTRATION OP LIEUT. GOV. IN00LDE8BY. [1709 

the Proprietors, for you Eaiow very well that they 
could sent nothing would have satisfyd the Country 
but the Kings approbation, which you would not have 
writt for, if you had it by you. The Prop" Letter say- 
ing he was approved you Knew would never do, they 
having already writt so, & not beUev'd by the Country. 
Besides W. Willocks who signs as one of them, told 
you that it was a trick putt upon the Prop'rs, & that 
he & the rest were persuaded upon M^ Bass his say so, 
to sign it, but that ever he saw any approbation he ut- 
terly denys, & would have said as much to the whole 
Assembly, had it not been prevented from discovering 
the Cheat, so that you Know well enough he was not 
approved, only you hoped he might which made you 
venture to bely your selves to the Prop", who could 
not choose but wonder how you could be satisfyd 
with any thing y^ nature, & they Kjiow nothing on it. 
As to the Ship I doubt not butt to hear you acknowl- 
edge your error. And since we are upon courage & 
conduct give me leave to say, I believe you (Uke Par. 
rotts) use the words not Knowing the true Sence & 
meaning of them, as for Courage I doubt not butt I 
have great proof in yom* own breasts, how much you 
Know of it to w*^.** I refer you, & if you realy Know 
what conduct was (I mean a prudent conduct) doubt- 
less something of it would appear in your actions. I 
suppose you value your selfs very much, upon your 
conduct last Assembly (viz) your raising a tax to ruin 
the Country, your advising to take away the writt from 
the Constable, your first corinipting a part of the As- 
sembly, & then persuading them to make a lying flat- 
tering Address to M**. Bass, w^J! notwithstanding your 
utmost powere & contrivances shall never answer the 
end you designed it for, <& both you & he shall heart- 
ily wish it never had been done. Your denying me 
the Kings writt, & other your little, mean, & unjust 
proceedings, I suppose may be putt into the number of 



1709] ADMINISTRATION 6F LIEUT. GOV. IKGOLBESBT. 495 

your prudent actions, & for w!? if I live you shan't 
want a remembrancer. 

You were very hott in binding us to our good beha- 
viors, & we think you had no reason for it, nor cannot 
tax us with any immorahty, but before you do, please 
to Know that we never yet plotted to take the Crown 
from our Sovereigns head, nor to stain our hands with 
the blood of the Lords annointed, nor to seize old 
Bowly, nor did we expect the coming over of the 
Kingdom in 9 days time that a Barbarous Murther & 
Rebellion might be crowned with a wicked success, 
we never yet made a woman well stuffd with bastard 
the wife of an honest man, nor cheated the widdow & 
fatherless: nor are we accounted common whore mas- 
ters, we never banterd Death to cheat our Creditors, 
we have no news from the other World, nor can be the 
Instance to the Quakers as good proofs of the Resur- 
rection: we never made over our Estates in trust to 
evade paying our full debts, we never yet pretended 
to pay our obligations with the Seasons of the year, nor 
do we know how to make a Marchantable winter, we 
Know where extortion & Drunkenness are almost 
Quotidian crimes, but T think you cannot alledge them 
against M! WiUocks or my self L: Morris. 



New Jersey County Essex 
No 28 

At a Court of Generall Quarter Sessions of the 

Peace held before Her Maj"!* Justices of the Peace for 

the County of Essex at the Towne of Newark on the 

Second Tuesday in Februaiy Anno Regni Anna? Reg- 

inae &c Secundo 1 7()f 

Rich?Townley John Treat 
W:!! Sandford Theophilus Person 
John Curtis Elias'Machielsen 
Benj* Price 

February the 9*!^ 170f 

We the Jurors for ovir Sovereign Lady the Queen 



Esq* Justices 



496 ADMINISTRATION OF LIEUT. GOV. INOOLDESBY. [1709 

with an unanimous consent not one dissenting of our 
fellows but do present the severall persons under- 
named for their Riottously assaulting RoW Smith Elsq' 
high Sheriff of the County of Essex and f orcebly took 
away the Keys of the Prison from the sd Sheriff & also 
took away as prisoner of his out prison namely one 
Joseph Parmiter then in Custody, as is formerly re- 
corded in the other book of Records named at New- 
ark in the County of Essex the twelfth day of Sep- 
temb' in the year of oiu* Lord past 1700. 
In behalf of my fellow Jurors, 

Joseph Harrison foreman 
Imp*: Sam^ WfflTEHEAD Sen: Charles Tucker Jun: 
Joseph Lyon Benjamin Ogdon jun: 

Rich? Clarke Tho; Thompson 

Ephraim Clarke Benj^ Lyon 

SamV Carter John Thompson 

JnI Miles Tho: Thompson 

Sam't Clarke Benj^ Wade jun' : 

Simon Nightingall William Whitehead 

James Whitehead William Meakek 

Abraham Hettfield Sam*: Little 
Jn? Meakek Rob^ Little 

Sam'; Milner Dan^ Sears 

Jeremiah Chain John Lakan 

Dan": Chain Isaac Hatfield 

Isaac Bunnell John Allen 

Jeremiah Jessop 

A True Coppy examind P me 
Edm: Kingsland. 

[The proceedings of the Court of Sessions of the 
County of Essex on September 29th, 1700, then follow, 
but they wiU be found already printed in Vol. II., p. 
333. J 



1709] ADMIKISTKATION OF LIBUT. GOV. ING0LDE8BY. 497 



Memorial to the Lords of Trade, from several Proprie- 
tors ef New Jersey J asking for a change in the 
Cou7icil, 

I From P. R. O. B. T. New Jersey. Vol. 1. C. 80.1 

Memorial of Several of the Proprietors of New 
Jersey proposing the Dismission of 6 of the 
present CJouncil of that Province & recom- 
mending others 

To the Rt Hono^^ the Lords Comnf^ for Trade and 

Plantations, 

We the Subscribers being the Majority of the Pro- 
prietors of New Jersey in America; Eesiding in and 
about the City of London, Do humbly represent to 
Your Lordships; That having i-eceiv'd Sundry Com- 
plaints from that Province; of the Arbitrary and un- 
warrantable Proceedings of Some of the Councill; We 
take this opportunity, upon her Majestys appointing 
the Hono^!** Colonel Hunter to be Govemour of the said 
Province, humbly to desire the following Persons may 
be left out of his Councill viz/. 

Daniell: Cox Peter Sonmans 

Roger: Mompesson WiLii"? Pixhorn 
RiCH^ TowNLY Will"? Sanford 

Who have all of them Notoriously endeavoi^ed to 
distract the minds of the People, as appears by th(» 
Printed Address of the (ienerall Assembly to the late 
Governour, the Lord Lovelace; And more esi)ecially 
M*: Sonmans, whose Male- Administration, and oppres- 
sion of Her Majesties Subjects; is fully set forth in an- 
other Address. Besides which Imputations from the 
32 



498 ADMINISTRATION OF LIEUT. GOV. ING0LDE8BY. [1709 

Representatives of the Province, We take leave par- 
ticularly to Charge M' Cox. and M' Sonmans as having 
grossly abused the interest they had in the Lord Corn- 
bury, to the Prejudice of the Rights, of the Proprietors, 
And we have reason to fear; should they be continued 
of the Councill, twiU be difficult to obtaine Justice 
against them, as we have hitherto foiuid by ex- 
perience. 

We therefore humbly offer that in place of the fore 
mentioned persons; these Subjoyn'd; or Some of them 
may be of the Councill for the Province of New- Jersey; 
being Men of Estates & known Integrity. Viz*. 

Thomas Gordon Chief Justice 

Miles Foster [Forster] ) 

John Hamilton John Barclay > East Division 

George Willocks John Read ) 

Thomas Gardiner, John Hogg ) ^rr^^x -rk- • • 
Isaac Merret } ^^* Division 

All which is humbly Submitted to YoF Lordships. 
London 26^^ Nov^ 1709. 

Tho: Burrow. 
Joseph Ormston Isaac Cocks E. Richier 
also as having John Hollis Cha" Michel 
procuration from Jo: Bennett John Norton 
George Willocks Tho:Bromfeild Jo' Brooksbank 
Edward Anthill Eben' Jones Jn**. Bridges 
Miles Foster Rob Michel 

Jn^ Slany 
Fra Michel 



1709] ADMINISTRATION OF LIEUT. GOV. IN00LDB8BT. 499 



From the Lords of Trade to tlie Queen ^ asking for the 
restoration of Lewis Morris to the Council of New 
Jersey. 

IFrom N. Y. Col. Documents, Vol. V., p 1£8.1 

To the Queens Most Excell* Majesty 

May it Please Tour Majesty 

(Extract) 
»»»»»»»» jjj relation to the Council 
of New Jersey Lewis Morris having been suspended by 
Captain Ingoldsby the Lieutenant Governor since the 
death of the late Lord Lovelace for reasons which do 
not appear to us sufficient, We humbly offer that he 
be restoredto his place and precedency there, and there 
being two vacancies in the said Councill, we humbly 
offer that Thomas Gordon and Thomas Gardner who 
have been well recommended to us by the Proprietors 
here, as persons fit to serve your Majesty in that sta- 
tion be constituted and appointed members of the said 
Councill that the number of Twelve may be com 
pleat.' 

And whereas there have been gi*eat disputes anddiffer- 
ences between the Council and Assemblj of New 
Jersey and both have addressed to your Majesty, each 
against the other, and as Colonel Hunter who is now 
going over will be the best able when upon the place 
to inform himself of the nicitter contained in the said 
Address, we humblv offer that he have an Instruction 
from Your Majesty requiring him to examine into the 
causes and reasons of the siiid differences and to en- 



* By an order of Council, December 25th, 1709, the recommendations of the 
Lords of Trade were directed to be carried out.— Ed. 



600 ADMINISTRATIOlSr OF LIEUT. GOV. INGOLDESBY. [1709 

deavouT all he can, to compose the same. • And that in 
case he shall meet with any obstruction therein, that 
then he represent the matter as it shall appear to him ; 
to one of Your Majestys principal Secretaries of State, 
and to Your Commissioners for Trade and Planta- 
tions for Your Majestys pleasure thereupon, and there- 
fore we take leave to add hereunto the Draught of an 
Additional Instruction for that purpose ***** 
******** ^j2 which is most respectfully 

submitted. 

Stamford 

Dartmouth 

Ph, Meadowes 

j"** pulteney 

'VMiitehall Rob* Monckton 

Decemb' 23^* 1709. Cha. Turner 



Letter from Thomas Gordon to the Secretary of State, 
asking for restoration to th^ office of Chief Justice. 

[From P. R. O. America and West Indies, Vol. 575] 

Tho: Gordon from New Jersey December . 1 709 

My Lord 

I have presumed to send your Lordship, a Duplicate* 
of the Last Assemblys address, to be layd before Her 
most sacred Majestie. For as soon as the Assembly 
had Complyed with Her Majesties Commands, and 
Raised both men and money for the Expedition against 
Canada, the Lewtennant Governour Dissolved the As- 
sembly. I begg leave Humbly to Represent to your 
Lordship that "my Lord Lovelace (a Good & pious man 
whose death is greatly Lamented) was pleased in 
Aprill last, to appoint me Cheife Justice of this 



1709] ADlCIli^ISTEATlOK OF LIEUT. GOV. INOOLDESBY. 501 

her Majesties Province, to' the Gtenerall Satisfaction of 
y* Country, in the Boom of Roger &ompesson Esqr. 
who had surrendred that Office to Her Majestie, and 
now in August last. The Lewtennant Govemoiu*, has 
putt the said Roger Mompesson Esq'r into said office 
again, without assigning Any Reason for suspending 
of me, nor Indeed is there any, having always in that, 
and all other Offices, behaved my self, as a Loyall and 
faithfull Subject to Her Majestie, and honestly served 
the Country. I hop Her Majestie will be most Gra- 
ciously pleased, as a mark of Her Royall favour to Me, 
and the Respect and Esteem due to the memory of 
My Good Lord Lovelace, whose death is so much Con- 
doled, to Order the next Governour, to Restore me to 
that Office again, wherein I Humbly Begg your Lord- 
ships Assistance, which I hop (Gt>d wiUing) shall be 
for her Majesties service, and the Good of the Country, 
which shall be my Constant Care and Endeavour to 
the utmost of my abiUty. I humbly Crave your Lord- 
ships pardon for this trouble, and Remain with aU 
sincerity 

My Lord 

Your Lordships most humble faithfull 

and obedient Servant 




> On page 108 of Vol. 11., a representation of Bfr. Gordon^s signature ia given, as he 
then vrrote it, but later in life he adopted the atyle in the text. 



INDEX. 



INDEX 



Abbat: John, 166. 

A]jB:ure: WilliAm, Qrand Juror on Wood- 
bridge riot, -186, 487. 

Allen: George, Contributas to a fund 
thought to be for Lord Comburj, 
212, 218. 

Allen: 'Nathan, 165. 

Allen: John, Grand Juror on Woodbridge 
riot. 486, 487, and in Essex coun^, 
496. 

Arents: Dr. Jacob, 421, 461. 

Anderson: William, Removed by Lord 
Combury from the clerkship of the 
Assembly, 227, 261 

Andrews: Ephraim, Petitions Assembly 
about East Jersey records, 220. 

Ashtoo: James, Contributes to a fund 
thought to be for Lord Combury, 218. 

Assembly : Address of, to Gov. Combury. 
November, 1703, 11.— Mode or 
choosing the members of, 97, 100.— 
Addresses of Lord Combury to, 
April 7th and 9th, 1707, 16&-169.— Com- 
plaints of, against Lord Oombury, 
171.— Remonstrance of, against cer- 



tain evils, 178.— The Qovemor^s 
answer, 180.— Colonel Quary's com- 
ments on, 284-280.— Address of, in 
answer to Lord Combury*8 reply to 
their remonstrance, 842.— Comments 
of, on Lord Combury^s animadver- 
sions upon the Proprietors, 257. 268.— 
Claim the privilege of expelling a 
member without the authority of uie 
Governor, 265.— Lord Combury re- 
ports several members of. as not 
qualified, 269.— Address of the Coun- 
cil against, 287.— Minutes of meeting, 
17U8, 291.— Documents connected with 

f proceedings of, in March and ApriL 
709, 860-868.- Address of, to Loid 
Lovelace, 868.— Answer thereto by 
the Council, 872.— Address of, to Lord 
Lovelace, respecting Peter Sonmans, 
874.— Ditto, respecting Peter Faucon- 
nier, 879.— Address of, to the Queen, 
in answer to address of Council, 885. 
—Letter to, from Lewis Morris, on 
their unlawful proceedings, 491. 



B. 



Bacon: John. 166. 

Bellinger: Henry, 164. 

Barclay: John, PiY>hibited by Lord Com- 
bury from collecting quit rents, 182, 
253.— Complaint of, therefor, 881.— 
Arrested on Whitsunday, by order of 
P. Sonmans. 875, 420.— Recommended 
for Coxmcil of Gov. Hunter, 498. 

Basse: Jeremiah, Appointment of, as 
Secretarv of New Jersey, objected to 
by P. Bonmans. 23. -ReprMenta- 
tfon of case of, 26.— Accused of 
taking West Jersey records out of 
the Province, 127. 152, 268, 254, 825.— 
His party's actions narrated bv 
Lewis Morris, 276-277.— His proceed- 
ings referred to, 446.— Certificate of, 
relative to Sonmans* affairs. 458-^60. 
— Complained of by Lewis Morris to 
the Assembly. 4ft2. 

Bennett:, Joseph, A West Jersey Pro- 
prietor, 06, 498. 

Bergen: Inhabitants of, asked for trees, 
149. 



Bickley: Abraham, Proposed for the 

Council, 51. 
Bickly: Mrs., Contributes to a fund lup- 

posed to be for Lord Combury, 818, 

Biddle: William, One of the Proprietors* 
agents. 221. 

BUes: William, 166. 

BOUng, (Byllynge): Edward, 418. 

Bingla, (B%le): WiUiam, Affidavit 
against Lewis Morris. 476.— Qrand 
Juror on Woodbridge riot, 486, 487. 

Bishop: John, Affidavit respecting pro- 
ceedings of Peter Sonmans, 464.— 
One of the Council, 481. 

Blomfield: John. Petitions Assembly 
about East Jersey records, 220.— 
Grand Juror on Woodbridge riot, 
486, 4H7. 

Bollen: James, Statement against Lewis 
Morris, 485. 

Borden: Jean, Contributas to a fund 
thou^t to be for Lord Combury, 814. 

Boude: Grimstone, Affidavit against 
Lewis Morris and Geo. WiUocks, 477. 



506 



IKDEX. 



Bowne: Andrew, 1, 64, 75, 166, 160, 488.— 
Contributes to a fund thought to be 
for Lord Oombuiy, 212.— Appointed 
one of Lord Lovelace's Council, 817.— 
Pies, 840, 341. 

Bowne: Chad wick. Contributes to a fund 
thought to be for Lord Combury, 212, 
814. 

Bowne: James. Contributes to a fund 
thought to be for Lord Combury, 212. 

Bowne: John, Collecting money thought 
to be for Lord Combuiy, M5, 199, 801- 
218, 277.— Expelled from Assembly, 
287, 877— Recommended for the 
Council by Lord Combury, 840, 341. 

Bray: John, Contributes to a fund 
thought to be for Lord Combury, 
212. 

Brian: Thomas, 164. 

Bridges: John, Surveyor General of 
Woods, 128 

Bridges: pr.. Chief Justice of New York, 
confidant of Lord Combury, 877. 



Bridges: John, one of the FroprietorB, 
^^95,816,217,498. 

Brooubank : Joseph, One of the Proprie- 
tors, 88, 05, 498. 

Brown: Abraham, 485. 

Brown: John, Difficulties with P^er 
Sonmans, 376. 423, 4«), 4'^ 458. 

Brown, Junior: Kicholas, Statement of 
against Lewis Morris, 483. 

Browne: Oeorge, Grand Juror on Wood- 
bridge riot, 4Hi. 

Bunnell: Grand Juror Essex County, 496. 

Burlington: Transportation between, 
and Perth Amboy, 177, 18G, 2S0, 8.-7, 
410.— Lord Combury censured by the 
Assembly for not being there more 
of the time, 174, 247. -Governor's re- 
ply thereto. 181, 185. ' 

Burnett: Obadiah, One of the Proprie- 
tors. 84. 

Burr: Henry, 104. 

Burrow: Thomas, A West Jersey Pro- 
prietor, 96. 

Qyerly: Mr., 271. 



C. 



Carle (Corle): Benjamin, Grand Juror on 
Woodbridge riot, 486, 487. 

Carter: Samuel, Grand Juror Essex 
County, 496. 

Clark: John, 165. 

Clarke: Ephraim, Grand Juror Essex 
County, 496. 

Clarke: Joseph, Statement against 
Lewis MorrisL 485. 

Clarke: Richard, Grand Juror Essex 
Countv, 490. 

Clarke: Samuel, Grand Juror Essex 
County, 496. 

Clayton: Asher, Affidavit relative to a. 
fund thought to be for Lord Com- 
bury, 214. 

Clayton: John, Similar affidavit, 214. 

Cockerell: Thomas, Secretary of Lord 
Lovelace, 4G7.— Letter from, on his 
lordship's death, 460. 

CX>llingB: tTancis, One of the Proprie- 
toi-s' Coimeil, 221. 

Collyer: Joseph, A West Jersey Proprie- 
tor, 95. 

Commissioners for New York, New Jer- 
sey and Connecticut, 64. 

Compton: John, Grand Juror on Wood- 
bridge riot, 480, 487. 

Cook: bteven. Contributes to a fund 
thought to be for Lord Combury, 212. 

Combury: John, Lord, Publishes his 
commission as Governor of New 
Jersey, 1,— Speech of. to Assembly, 
November. 1708, 8.— Adjourns As- 
sembly, 12, 21.- Difficulty between, 
and Lieut. Gov. lagoldesby, 67, 08.— 
Visits Salem, 80.— Additional instmc- 
tion to, about the nimiber of repre- 
sentatives, 90.— About revenue, 1/9. — 
Names the church at Burlington St. 
Ann's, 107.— Complained against by 
Richard Ingoldesby, 109.— Meets As- 
sembly at Amboy Uct. 15th, 1706. 112. 
—His comments on his instructions, 
119.— Directed to restore Lewis Mor- 
ris to the Council, 124.— Complaints 
against him answered by Wm. 
Sloper. his agent, 183.— Lords of 



Trade inquire about his salary. 144.— 
Asks inhabitants of Bergen for trees, 
149.— Affidavit of George Ingoldesby 
against, 160.— Explanation about re- 
moval of records, 160 —Speeches of, 
to Assembly, April, 1707, lt^lG9.— 
Additional instructions to, about 
death or absence, 109.— Petition of 
Assembly against, 171.— Assembly 
remonstrate against certain evils, 
173.— Answers the Assembly, 180.— 
Denies having received any money, 
194, 827, 288.-Hi8 reasons for dis- 
solving the first Assembly, 195.— 
Visits Salem and Newcastle, 230.— 
Address of, with Ck>uncil, to the 
Queen, on the success of her arms, 
240.— Assembly replies to his answer 
to their remonstrance, 242.— Assem- 
bly accuses him of receiving money, 
26:^.- His treatment of two clergy- 
men of the Church of England, 204.— 
Comments of Lewis Morris, 2'. 7, 278. 
—Forwards an address to tlie Queen 
from the Council, objecting to pro- 
ceedings of the Assembly, u;6. — Pro- 
ceedings with Assembly Hay, 1TC8, 
292-:i98.— Memorial to, from Peter 
Sonmans against John Harrison, 106. 
On emigration from New York and 
New Jersey, 3&3.— Papers in his 
hands, 357. 

Council of New Jersey: Action of, on 
complaint of John Barclay, 382.— Ad- 
dress of, to the Queen, i;04.— Assem- 
bly's comments on the address, 868- 
872.— Address of, to Lord Lovelace, 
872.— Address of, relating to the pro- 
ceedings of the Assembly, 8L0. -i:*ro- 
ceedinKS of, on complaints against 
Geo. willocks and Lewis Morris, 483. 

Crain: Jeremiah, Grand Juror Essex 
County, 490. 

Crain: Jonn, 201. 

Crain: Daniel, Grand Juror Essex 
County, 496. 

Court of Common Right: Proceedings of , 
against Lewis Morris, 479.— Against 
Isaac Whitehead, 480. 



INDEX. 



607 



Courts of New Jerser: Various in Juris- 
diction. 4.— Modiflcations of, 72. 

Cknut of General Quarter Sessions for 
Essex County: Joseph Parmiter in- 
dicted by Grand Jurv of, 406. 

Cox: James, Contributes to a fund 
thoufrht to be for Lord Combury, 212. 

Cox: Joseph, Contributas to a fund 
thought to be for Lord Comburv, 212. 

Coxe (Cox), JuBior: Daniel: Objected to 
as one of the Council, 86.— Answers 
the objections, 48.— Recommended 
for the Council of Lord Cornbury, 



78.— Memorial of, acrainst the Qua- 
kers and the mode of electing mem- 
bers, 82 —Proposed for the Council 
bv the Lords of Trade, 115.— Notice 
or, 116.— Appointed one of the Coun- 
cil, 125.— About to leave England for 
New York, 1H2.— Attends the Coun- 
cil, 160, 290.— Objected to as one of 
the Council, 801.— Appointed one of 
Lord Lovelace's Council, 817.— Re- 
ferred to, 459.— Proprietors ask that 
he may be left out of Gov. Hunter's 
Council, 407. 



Dare: William. Contributes to a fund 
thought to be for Lord Combuiy , 215, 
216. 

Davenport: Francis. One of Gov. Com- 
bury'g Coxmcil, 2, 63. 155.— Appointed 
one of Lord Lovelace's Council, 317.— 
Dies, 840, 841. 

Day: John, 165. 

Deacon: George. One of Gov. Combury*s 
Council, 2, 05, 155.— One of the Coun- 
cil of Proprietors, 221.— Did not ap- 
prove of Lord (jombury's reply to 
the Assemblv's remonstrance, 2:JS.— 
Nominated for Council under Lord 
Lovela4*e, 209.— And appointed. 817. 

Dennes: John, Grand Juror on Wood- 
bridge riot, 486. 487. 

Dennes: Scmucl, Referred to, 202, 208.— 
Affidavit of, in support of Assembly's 
remonstrance, 20O.— Petitions the As- 
sembly about East Jersey Records, 
220.— One of the Council, 482. 



Dockwra: William, Answers the objec- 
tions to Peter Sonmans, 80.— Petlaon 
of, about Staten Island title, 01.— 
Memorial of, about the Quakers and 
the qualifications of members of As- 
sembly, 82.— Proposes Peter Sonmans 
for the Council, 101, 126.— Referred 
to, 201.— Advocates Sonmans* ap- 
pointment, 812-810.— Transmits sun- 
dry documents respecting Lenis 
Morris. George Willoocs and others, 
476. 

Doeminique: Paul, One of the Proprie- 
tors, iS», 50, 93.— Notice of, 61. 

Drake: George. Contributes to a fund 
thought to be for Lord Combury, 206. 

Drake: John, Contributes to the sup- 
posed Combury fund, 200, 818.— Jus- 
tice of the Peace, 455, 

Dunnam: Edmond, Contributes to the 
supposed Combury fund, 800, 211, 
217, 818. 



East Jersey Records: Disposition of, 
objected to, 175, 264.— Combury *8 
explanation respecting, 185.— Peti- 
tion to Assembly conceming. 210. 

Edpall: John, Affidavit of against Lewis 
Morris and Geo. Willocks, 477. 

Elkinton: Edward, 165. 

Emly: William, One of the first Com- 



missioners to buy and lay out lands, 
221. 

Evans: Colonel, Begins a fort at New- 
castle, 2£0.— Interview with Lord 
Cornbury at Salem, 831.— Complains 
of a master of some New Jersey ves- 
sel, 281. £82. 

Evens: William, 166. 

Eves: Thomas, 166. 



F. 



Fanner: Thomas, Member of Assembly, 
201,205. 

Fauconnier: Peter. Receiver General, 
Refuses to furnish vouchers, 2f^3.— 
Accounts of, 3r)0-356.— Report of, on 
certain papers, 357.- Lord Lovelace 
appealea to, respecting, 807.— Blemo- 
rial from, to Lord Combury, 888. 

Fenimore: Richard, 164. 

Ferris: Samuel, 1C5. 

Fisher: Willis m. Shcrilf of Burlington 
County, Continued in office by Gov. 
Cornbury after suspension by the 
Council, 162, 158. 



Fitirandolph: Joseph, Affidavit of. In 
support of the Assembly's remon- 
strance, 106.- Contributes to the sup- 
posed Combury fund, aCO. 

Fitzrandolph: Nathaniel, Grand Juror 
on Woodbridge riot, 486, 4b7. 

Forster (Foster): Miles, Proposed for the 
Council, 51, 96, kOO.— Appointed a 
member of Lord Lovelace^s Council. 
802.— Notice of, 802— Recommended 
for Council of Gov. Hunter, 498. 

France: Correspondence with England 
carried to, 60. 



508 



INDEX. 



G. 



Gkudiner: Thomas, Objected to as a 
Bepresentatiye in Asnembly, 88, 127, 
187, 151.— Siimmoned by Lord Oom- 
btiry to show his authority as one of 
the Council of West Jerser Proprie- 
tors, 158.— One of the Govemor's 
Council, 221.— Referred to, 415.— 
Recommended for Council of Gov. 
Hunter, 498. 

Gordon: Thomas, Elected High Sheriff, 
15.-Complained of, 1857189, 195.— 
Referred to, 216, 219, 258, 263, 877, 431- 
438, 458, 478, 479.— Elected Speaker of 
the Assembly, 292, 298. 859, 372, 878.— 
Complained of by the Council to Lord 
Lovelace, 893. 894. 400, 408, 405.— Pro- 
ceedings against, by Court of Com- 



mon Right, 480.— Presented by the 
Grand Jury, 481.— Recommended for 
the Coundl of Gov. Hunter, 488.— 
Petitions the Secretary of State to be 
reinstated as Chief Justice, 500. 

Gosling: John, 164. 

Grand Juiy: On Woodbridge riot, 486. 

Grear: James, Grand Juror on Wood- 
bridge riot, 486. 

Greenaway: Richard, a West Jersey Pro- 
prietor, 95. 

Griinth: Attorney General, 71. 

Grover: James, Contributes to the sbp- 
posed Combury fund, 212. 

Grover: Sefty, Affidavit in support of 
the remonstrance of the Assembly, 
211. 



H. 



flaineb: John, 165. 

Haines: Richard, 164. 

Hale: Samuel, Petitions Assembly about 
East Jersey records, 2:30. 

Hall: William, Proposed for the Council, 
95, 299. 802, 309.— One of the Council 
of Proprietors, 221.— Appointed one 
of Lord Lovelace's Council, 817 

Hamilton: Andrew, Favors the Quakers, 
15.— Referred to by Lewis Morris, 
275-276, 489, 492. 

Hamilton: John, Proposed for the Coun- 
cil, 299, 30^, 498. 

Hampton: Andrew, 479. 

Harr&on: John, Proposed for the Coun- 
cil, 95, 299, 302, 309, 490.--P. Sonmans' 
memorial respecting, 306.— To be su- 
perseded in Lord Lovelace's Council 
Dv Lewis Morris, 329.— Referred to, 
430-431, 459. 460. 

Harrison: Joseph, Foreman Essex 
County Grand Jury, 490. 

Hartshome: Richard, Contributes to the 
supposed Combury fund, 212.— Mem- 
ber of Council, 4S3. 

Harishome: William, Contributes to the 
supposed Combury fund, 213. 

Hatflela: Isaac, Grand Juror of Essex 
County. 496. 

Heathcote: Caleb, Recommended as 
Governor by his brother Gilbert, 284. 

Helmsley: Joseph. One of the first Com- 
missioners to buy and lay out land, 
221. 



Hemingway: Robert, Grand Juror on 
Woodbridge riot, 486, 487. 

Hester: Ship, 492. 

Hetfield: Abraham, Grand Juror Essex 
Coxmty, 496. 

Heulings: WiUiam, 16i. 

Higgins: Judadiah (Jediah), 459, 484. 

Higgins: Thomas, Grand Juror on Wood- 
bridge riot. 486, 487. 

Ho«r: John, Recommended for the 
Council of Gov. Hunter, 498. 

Homer: John, Grand Juror on Wood- 
bridge riot, 486, 487. 

Horton: William. 165. 

Hude(Hudy): Adam, 447.— High Sheriff 
of Middlesex and Somerset, 457.— 
Affidavit relating to P. Sonmans* 
affairs, 457, 458. 

Huddy (Hoddy): Hugh, Proposed for 
the Council, 95, WO, 302, *10.— Ap 
pointed one of Lord Lovelace s 
Coimcil, 317. 

Hulet: George, Contributes to the sup 
posed Corabuiy fund, 213, 214. 

Hull: Benjamin, Meeting at his house, 
19H, 206, 209, 211. 218.— Contributes to 
the supposed Combury fund, 200.— 
Arrestea for not paying the amount 
subscribed, 207. 

Humphries: Joshua, 165. 

Hunloke (Hunlock): Edward, Dead. 1.— 
Referred to, 47. 



I. 



Ingoldesby : Richard. Difficulty with Lord 
Combury, 67. 68— Complains to the 
Lords of Traae, 109.— Commission as 
Lieut. Gov. of New York revoked, 
145, 149.— Appointed one of the Coun- 
cU of New Jersey. 147, 149, 160, 21H).- 
At Salem with Lord Combury, 231.— 
Declines actine in New Jersey, 243.— 
Notice of, 290.— Proposed as one of 
Lord Lovelace's Council, 299.— De- 
fended by the Council, 401.- On the 



proceedings of the Assembly, 467.— 
RepresentaUon of the Lords of 
Trade, on his commission as Lieut. 
Gov. of New York. 469.— Commission 
as Lieut. Gov. of New York revoked, 
470.— Commission as Lieut.Gov. of 
New Jersey revoked, 474. 

Ingoldesby: George, Affidavit relating 
to Lord Omburj-, 150. 

Instructions: Relative to the attendance 
of members of Council 941, 242. 



INDEX. 



609 



James: Richard, C!ontributes to a fund 
thought to be for Lord Coninbry. 214. . 

Jenings: Samuel, One of Gov. Combunr^B ' 
Council, 2. M, 165.— Notice of, 168.— | 
Summoned bv Lord Conibnry to 
show his authority as one of the 
Council of West Jersey Proprietors 
158. — Resigns as one of Combiuy^s 
Council, 100, 236.— Delivers a remon- 
strance of Assembly to Lord Corn- 
bury, 178.— Complained of by Lord 
Combury, 192. 194, 195. 224, &6, 268, 
9619.— One of the Council of Proprie- 
tors, 221.— Elected Speaker of the 
Assembly, 224.— Col. Quanr com- 
ments upon his rerignataon from the 



Council, 285.— Comments on, by the 
Council, 288, 869, 406, 407, 412-414. 

Jessop: Jeremiah, Grand Juror of Essex 
County. 496. 

Johnstone: Dr. John, Proposed for the 
Council, 51.— Affidavit of, in support 
of the Assembly's remonstrance, 207. 
—Made the bearer of £200 to Lord 
Combury, 208, 262, 277.— Complained 
of by Lord Combury, 885.— Referred 
to, 392, 403. 

Jones: Ebenezer, A West Jersey Proprie- 
tor, 95. 

Jones: John, 165. 

Jurin: John, One of the Proprietors, 88. 



Kay: John, One of the Council of Pro- 
prietors, 221. 

Keble: John, Proposes to set up the 
manufacture of potashes in New 
Jersev, 804, 848, 844.— Recommended 
by wm. Penn and others, 805.— Re- 



ports on his propositions, 829, 841, 
342, 847. 

Slillingworth: Thomas, Contributes to a 
fund thought to be for Lord Com- 
bury, 216, 216. 

Kirkbride: Joseph, 165. 



L. 



Lakan: John, Grand Juror for Essex 
County^ 496. 

Lane: Thomas, One of the Proprietors, 
95.-Notlce of, 88. 

Langstaff: John, Contributes to a sup. 
posed Combury fnnd. 200, 209. 

Lambert: Thomas. Objected to as a 
member of the Assembly, 88, 127, 187, 
161. 

Lawrence: EUsha, Contributes to a su])- 
posed Combury fund, 212. 

Lawrence: John, Contributes to a sup- 
posed Combury fund, 212. 

Lawrence: William, Contributes to a 
supposed Combury fund, 216. 

Leeds: Daniel, One of Gov. Comburj's 
Council, 2, 66, 155, 290.— Obiects to 
certain representatives, 88, 127, 187, 
161, 172, 195*, 279.— Objected to as one 
of the Council, .')01, 803.— Removal 
recommended. 309. 

TiOonard: Samuel, Dead, 1. 

Leveridge: John, 448, 458. 



Lewes: Thomas, a West Jersey Proprie- 
tor, 95. 

Lipet: Moses, (Contributes to the sup- 
posed Combury fxmd, 212. 

Lipencot: John, Contributes to the sup- 
posed Combury fund, 212. 

Lipmcot: Richard, Contributes to the 
supposed Combury fund, 218. 

Lipincot, Junior: Samuel. 164. 

Little: Samuel, Grand Juror of Essex 
County, 49t5. 

Little: Richard, Grand Juror of £ss6x 
County, 496. 

Lovelace: John, Lord, Appointed Gov- 
ernor of New Jersey, 2U8.— Nominates 
his Council. 29!K— His instructions, 
816. —His account of the Assemblv's 
proceedings March, 1700, 859.— Ad- 
dress to that Assembly, 361.— And 
their answer. 862.— His death an- 
nounced, 466.— Notice of, 466. 

Lovelace: Lady, Complains of the treat- 
ment of Lieut. Gov. Ingoldesby, 406. 



M. 



Machelson : Member of Assembly, 295. 
Mannen (.Manning): Benjamin. Grand 

Juror on Woodbridge riot, 486. 187. 
Mannen « Manning): Joseph, Grand Juror 

on Wooilbridge riot, 480, 187. 
Meaker: Benjamin, Contnbutes to a sup- 

p<>sed Combury fund, UK). 201. 210, 

Meakcr: William, Grand Juror for Essex 

(bounty, iWi. 
.MoUin: Robert. His diilicultips with Peter 

Sonmans, 423, 421, 447, 452. 
Merrett: Isaac, Recommended for the 

Council of Gov. Hunter, 49H. 
Michel, Junior: Cliarles, a West Jersey 

Proprietor, 95. 



Michel: Francis, One of the Proprietors, 
:iS, 95. 

Michel: Robert. One of the Proprietors, 
88, 95." His autOCTaph, 51. 

Miekelthwait: Joseph, a West Jersey 
Proprietor, 1)5. 

Militia: Settled by Ix)rd Combury. 6.— 
Comments of Lortls of TVafle on act 
therefor, 126.— Character of officers 
in conimiHsion, l.')7.— Comments of 
Lewis Morris on Militia act. 280.- 
Alluded to by i^>rfl i^Jornbury, 880, 

Mompesson: R<Mfer. Recommende<l for 
the Council. 78, 115.— Appointed Chief 
Justice of New Jersey, 79, 126.— No- 



610 



INDE3. 



tice of, 116.— Appointed one of the 
i^uncil, 125, 160.— Acts as such, 290.— 
Proposed for Council under Lord 
Lovelace, 209.— Appointed, 317.— His 
position as Chief Justice souf^ht for 
by others, SGC.— Proprietors ask that 
he may be left off of Gov. Hunter's 
Council, 497. 

Moore: Rev. Mr., 270. 

Hoores (Morris): John. Grand Juror on 
Woodbridge riot, 486, 487. 

Moore: Matthew, Affidavit against Lewis 
Morris, 482. 

Moores: Samuel, Grand Juror on Wood- 
bridge riot, 486, 487. 

Morris: Lewis, One of Gov. Comburr's 
Council, 2.— Influence over the Scotch 
settlers, 14, 183.— Referred to, 47. 71, 
78-75, 121, 227, 392, 898, 899-412.— Sus- 
pended from the Coimcil, 77, 143.— 
His restoration asked for, 86.— Com- 
plained of by Lord Combury, 192, 194, 
195, 2l», 268, 385.-One of the Council 
of Proprietors, 231.— Col. Quary 



comments upon his acts, 286.— Kx- 

Slains the condition of afEairs in New 
ersey, 275.— On Hamilton and 
Basse's parties, 275-277.— Council 
complain of him to the Queen, 288, 
369.— Proposed as one of Lord I ove- 
lace's Council, 299. 828, 829.— Appoint- 
ed as such, 817, 349.— Address to Lord 
Lovelace, 880.— Poetical addenda 
thereto, 881.— Suspended from the 
Council by Lieut. Gov. Ingoldesby. 
464.— Complained of to the Lords ot 
Trade by Wm. Dockwra, 476-i96L— 
Proceedings of Court of Common 
Right against, 479.— Presented by 
Grand Jury, 481.— Arrest ordered, 
481. -Questions the right of the Pro- 
prietors to govern, 488.— Letter to 
the Assembly on their unlawful pro- 
ceedings. 491.— Recommended by the 
Lords ol: Trade for the Council and 
appointed, 499. 
Mott: Gershom, Contributes to the sup- 
posed Combury fund, 312. 



N. 



Newbold: Mr., recommended for the 
Council of Lord Combury, 810. 

Newcastle: Lord Combuiy's account of 
events at, 280. 

New Jersey: Difficulties attending the 
raising of troops, 58.— Salaries in, not 
to be as high as those in New York, 
148.— Combiuy's absence from, cen- 
sured by the Assembly, 251.— Divi- 
sions therein stated by Lewis Morris, 
275.— Emigration from New York 



into, 883.— Nobody removes from, 
836 —The trade of, 836.— Bevenuee 
and fines, 1704-1706, 860.— The weak- 
ness of the Province, 472. 

Nicholl: Mr., recommended by Lewis 
Morris, 491. 

Nicholson: Col. Francis, 461, 462, 471, 478. 
—Announces his arrival, 464. 

Norton: John, a West Jersey Proprietor, 
95. 



O. 



Ogden: Benjamin, Contributes to a fund 
thought to be for Lord Combury, 
199, 201. 

Olive: Thomas, One of the first commis- 
sioners to buy and lay out lands, 221. 



Ormston: John, 161-163. 

Ormston: Joseph, 161-163.— Objects to 
the appointment of Peter Sonmans 
as one of the «)oimciI, 310 316. 



Parke: Roger, 165. 

Parker: Elisha, Contributes to a sup- 
posed Combury fund, 217. 

Parker: John. Member of Assembly, 295. 

Parker: Joseph. Contributes to a sup- 
posed Combury fund, 212. 

Parker: Nathaniel, Contributes to a sup- 
posed Combury fund, 212. 

Peacher: Thomas, 165. 

Pearson: Theophilua, 3:3C, 387. 405. 

Penford: John. One of the first commis- 
sioners to buy and lay out lands, ;K1. 

Penn: William, Recommends leaving 
RevHll and l^eds out of the Couneir, 
808.— Recommends the potash 
scheme of John Keble, :^06. 

Perth Aniboy: Transportation between 
it and Burlineton, 170, 180. 350, 3J7. 

Petty, Junior: William. 105. 

Pike: John, Contributes to a 8uppo8e<i 
(Combury fund, 2X).— Petition of. 
against such fund, 20*3.— Member of 
Assembly, 483, 

Pike: Thomas, Orand Juror on Wood- 
bridge riot, 486. 



Pinhom: John, Appointed Clerk of As- 
sembly, 2-^, ^.W.— Affidavit respecting 
difficulty between Sonmans and Bar- 
clay, 450. 

Pinhome: William, One of Gov. Com- 
bury 's Council, 2. 05, 155. IGO. iO. - 
lYopo^ed for Council under Lor*! 
Lovelace, 299.- Notice of, eiW.— lYo- 
prietors ask tliat he may be left out 
of the Council. 497. 

Pope: Nothaniel. 165. 

Pot and Pearl Ashes: Manufacture of, 
pn.posed. 301, .120, .'^41-319. 

Potter: Sarah, Statement of, against 
Lewis Morris, 4^. 

Powell: — Meeting at his house in 
Woodbridge. -JOO. 

Price: Benjamin, 'JOl.— Member of As- 
sembly, 205. 

Propiletors of New Jersey: Tlieir aim 
and influence. 18.- Bill alTeftinjr their 
int-ere.sts passed. 29, .55. Their right.s 
in tines and escheats, lOS.-Ask for 
the appointment of Peter Sonmans 
as one of the Council, 129.— Corn-